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[quote]QUOTE: - I think zina is zina as it is practically not possible to differentiate between different types of zina.

Medical examiner doesn’t feel any difficulty to know whether it is rape (Zina-bil-Jabre) or not. A complete examination of the both, from head to toe, is required. Marks of violence on the body of the male or female are the sure signs of rape (Zina-bil-Jabre) otherwise if there is no violence at all it favours the mutual consent. Due to some reason, if the female can’t resist (i.e. caught by multiple males), then the marks of violence are present on the body of the female because of the torture by the males.

In rape (Zina-bil-Jabre), the marks of violence are always found either on the body of the male or female. In the cases of children, every case is considered as rape (Zina-bil-Jabre). It is also mandatory to report medically whether the male is potent or not.

Medical report is read with the police investigation report. Police investigates the site of the rape and there are also found many evidences. Here the base is again the violence.

QUOTE: - Is it possible to find four witnesses of the required character and 'obsevation'in case of zina,more so in case of the consensual type which is normally arranged secretly except in the West. I believe it is great wisdom (Hikmat) of Sharia not to prescribe any Hadd for zina as such as in the case of many other 'Kabaair'(major sins) like lying (Kizb), gheebat (back biting), etc. etc.

I asked someone this question of the Quranic verse, 4: 15. He replied as the following. I am not sure whether he is right or not but Allah knows the best.

“Islam is the religion of peace and NEVER tolerates any nuisance in the society. So if the fornication is hidden then Allah will punish them at the day of judgement and, on contrary, if it is with the four witnesses means open then it is one of the causes of nuisance in the society. So the society or the law is given the authority by Allah to punish (24: 2). Moreover, four witnesses are meant, to avoid any undue sever allegation and the punishment”.

Edited by: Loveall on Wednesday, June 07, 2006 1:53 AM[/quote]

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