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[quote]I doubt if DNA test can be taken as a decisive evidence in case of rape. In this connection please see an article written by me recently as reproduced hereunder:-

Hadood Ordinance on GEO TV

Hadood Ordinance is the hot topic on GEO TV these days.  Some Ullema and intellectuals are shown repeatedly voicing their comments on the Ordinance, especially the Zina Ordinance, which according to them does not make any difference between consensual Zina and the rape.  I think zina is zina as it is practically not possible to differentiate between different types of zina.  A sexual act is inherently a mixture of enjoyment and aggressiveness which depends on individual reaction of the parties involved at various stages of the sex operation.  In fact Sharia never intended to prescribe a ‘hadd’ for zina as such.  It intended only to punish ‘Fahaashi’ (lewdness).  The very fact that it requires four eye witnesses for proving zina shows that it wants to penalise only that zina which is committed in the public.  No doubt zina is a major sin (Gunah e Kabeera) in Islam like lying (Kizb) but there are very sensible reasons (hikmat) for not prescribing ‘Hadd’ for it as for many other major sins like lying, gheebat, etc., etc.   Moreover, sex behaviour is basically a matter of culture rather than a moral or a religious issue.

Interestingly, there is no woman among the commentators on the Ordinance who all appeared to be aged and feministic, expressing an overly hypocritical sympathy for the woman, implying thereby that all men are potentially rapists and the women are not averse to it.

I would like to ask the following question from these Ullemas:-

Have they not read in Qurae Hakeem the story of Hazrat Yousaf having been falsely accused of attempt to rape by a woman of Egypt and as a result got jailed?

Have they not heard the story of Ajeeba, a Kashmiri girl, who had accused a doctor of the Mayo Hospital of rape and got him jailed?  She later withdrew her allegation and all this incident was treated by the Supreme Court just a hoax, making a joke of all Hadood and the common laws of the land, providing only juicy reports for the press.  Paradoxically, it is the same judiciary which is treating wedding meals as a serious crime and sending poor bridegrooms to jail for entertaining their guests.  They were so callous that they did not send their brides with them to deprive them of a honeymoon in jail.

Is not the woman who alleges to have been raped is confessing in the first place of having been subjected to zina and secondly accusing, repeat accusing, someone of raping her?  Can confession and accusation be treated equally?   Don’t they think that a woman can entice a man to have sex with her and then blackmail him by accusing him of rape, just like Zulekha of Egypt?

I would therefore request the holy ones not to insist taking zina-bil-jabr out of the ambit of Hadoodullah by targeting it as Hadood Ordinance, with an ulterior motive only to disable the strict checks and balances placed wisely on evidence against a false accusation of rape (tohmat) in case of zina as such.[/quote]

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