With reference to the article
PAS says rape
does not fall under zina provisions, but critics differ
, I would like to give a few comments:
There is no such provision in the Terengganu Syariah Criminal Offences (Hudud and Qisas) law that promotes or allows eaves-dropping or going door-to-door to check on other people's private
life.
The assumptions made by Zaitun Kasim and Latheefa Koya are clearly misguided since Terengganu Menteri
Besar Abdul Hadi Awang himself has stated time and time again that repentance for an offender is better than for him or her to confess.
As for pregnancy being proof of
zina
(extramarital sex), Prof Mohammad Hashim Kamali has gotten it all wrong by referring to the Quran only considering that this form of evidence is found in the
ijma
(agreement) of the companions as admitted by Hashim in his book
Punishment in Islamic Law
. Therefore, from the perspective of Usul Feqh, this particular form of evidence is considered as
conclusive
and
not circumstantial
.
It is sad that Hashim contradicts himself
with what he has written in his own book.
On the issue of rape, Section 9 (1) and (2) have clearly differentiated between the crime of
rape
and
zina
. Therefore, the possibility of a rape victim to
be wrongly accused and sentenced is slim.
Surprisingly, Latheefa Koya has left this fact out.
In this modern age, we have yet to come across a woman who had been raped but still subjected to
hudud
punishment in countries implementing
hudud
.
This, in spite of all the hue and cry by human rights groups.
