受害人声称被强奸既不是对吉娜的供认,也不是犯了奸淫(诬告吉娜)

Q3 Social Sciences
A. Noor
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引用次数: 1

摘要

性侵犯给受害者留下了难以忍受的情感痛苦。对他们自由意志的不受欢迎的侵略使他们在身体和精神上遭受痛苦。最重要的是,他们还必须争取在法庭审判期间得到公平和尊重的对待。在伊斯兰法律制度中,关于强奸的起诉一直存在一些争议。这个争议的原因是,强奸受害者通常会因为她的供词而被控吉娜,或者因为她没有提供四名男性目击证人而被控犯有强奸罪。本文旨在探讨伊斯兰教法规定的强奸受害者控诉被强奸的基本法律权利、得到公平的辩护和免于惩罚的权利。本文还试图探讨受害者对强奸犯的个人证词的可采性。本文认为,证明强奸与证明吉娜不同,因为强奸受害者提出报告或投诉她被强奸的折磨,不应与承认吉娜的人一样对待。证明强奸也不同于指控强奸犯犯了奸淫。本研究将探讨来自不同思想流派的伊斯兰法学古典穆斯林学者的观点和论点。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
A Victim's Claim of Being Raped is Neither a Confession to Zina nor Committing Qadhf (Making False Accusation of Zina)
Sexual assault leaves the victims with unbearable emotional pain from the experience. The unwanted aggression against their freewill causes them to suffer physically and mentally. On top of that, they also have to fight to be treated fairly and respectfully during their court trials. There has been some controversy regarding rape prosecution in the Islamic legal system. The reason for this controversy is that the rape victim would usually be either charged with zina because of her confession, or committing qadhf, as a result of her failure to provide four male eyewitnesses. This paper aims at investigating the fundamental legal rights of rape victims who complain of being raped, to be defended fairly, and to get exemption from punishment as provided in Islamic law. This paper also seeks to investigate the admissibility of the individual testimony of the victim against the rapist. This paper suggests that proving rape is not similar to proving zina, because a rape victim who lodges a report or complains of her ordeal of being raped should not be treated the same as a person who confesses to zina. Proving rape is also different from accusing the rapist with committing zina (qadhf). This study will explore opinions and arguments of classical Muslim scholars of Islamic jurisprudence from various schools of thought.
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来源期刊
CiteScore
0.60
自引率
0.00%
发文量
8
期刊介绍: Muslim World Journal of Human Rights promises to serve as a forum in which barriers are bridged (or at least, addressed), and human rights are finally discussed with an eye on the Muslim world, in an open and creative manner. The choice to name the journal, Muslim World Journal of Human Rights reflects a desire to examine human rights issues related not only to Islam and Islamic law, but equally those human rights issues found in Muslim societies that stem from various other sources such as socio-economic and political factors, as well the interaction and intersections of the two areas. MWJHR welcomes submissions that apply the traditional human right framework in their analysis as well as those that transcend the boundaries of contemporary scholarship in this regard. Further, the journal also welcomes inter-disciplinary and/or comparative approaches to the study of human rights in the Muslim world in an effort to encourage the emergence of new methodologies in the field. Muslim World Journal of Human Rights recognizes that several highly contested debates in the field of human rights have been reflected in the Muslim world but have frequently taken on their own particular manifestation in accordance with the varying contexts of contemporary Muslim societies.
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