Indecent sexual assault leaves the victims with unbearable experience. The unwanted aggression against their freewill make them suffer physically and mentally, and on top that, they also have to fight to be treated fairly and respectfully during the trials. There have been confusions over prosecuting rape in Islamic legal studies. A question has arisen; should the Islamic court treat the case of rape in regard of convicting and proving rape by imposing the same jurisprudential provisions, requirements and legal proceedings as in the case of zina on the ground that rape involves elements of illegal intercourse similar to zina. As such, should the rape victim who complains about rape be charged of qadzf if there is insufficient evidence? This paper aims at investigating fundamental legal rights of rape victims provided in Islamic law. This includes the rights to get access to justice, the exemption of being charged of committing zina or qadhf i.e. false accusation of committing zina against the rapist when there is no sufficient evidence such as the lacking of four male eyewitnesses while making a complain of being raped. The paper also sheds light on the possible profound remedies and compensations provided by Shariah for the victim of rape.
|Keywords:||Legal Rights, Rape Victim and Islamic Law|
Assistant Professor, Department of Fiqh, International Islamic University, Kuala Lumpur, Malaysia
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