Marry the rapist or have 12-year prison sentence

[Photonic]

Originally Posted by Bismillah

Regarding rape in the Shari'ah, the punishment for rape is either 100 lashes if the rapist is unmarried and death if he is married, if four witnesses are present. If not, lesser descretionary punishments can be prescribed, which pretty much copy paste Western Penal Law and still be considered as a part of the Shari'ah. The legal precedent has been to either jail the rapist or if the rape can be classified as a "crime against humanity" under the branch of fasad then the rapist can be executed (as per the famous ruling of the Maliki scholar Ibn Arabi).
.

That is nothing like Western Penal Code.

CA Codes (pen:261-269)

And Federal, Search 18 U.S.C. § 2242 : US Code - Section 2242: Sexual abuse

Whoever, in the special maritime and territorial jurisdiction of
the United States or in a Federal prison, or in any prison,
institution, or facility in which persons are held in custody by
direction of or pursuant to a contract or agreement with the
Attorney General (!1) knowingly -
(1) causes another person to engage in a sexual act by
threatening or placing that other person in fear (other than by
threatening or placing that other person in fear that any person
will be subjected to death, serious bodily injury, or
kidnapping); or
(2) engages in a sexual act with another person if that other
person is -
(A) incapable of appraising the nature of the conduct; or
(B) physically incapable of declining participation in, or
communicating unwillingness to engage in, that sexual act;
or attempts to do so, shall be fined under this title, imprisoned
not more than 20 years, or both.

None of this will result in the death of the perpetrator, and none of this is based on the marriage of the person (Except in special cases, which you will see is not used in the same context.)

[Bismillah]

You misunderstood, I said comparable to Western Penal Code if less than four witnesses are present.

[Me Myself]

Originally Posted by Bismillah

You misunderstood, I said comparable to Western Penal Code if less than four witnesses are present.

So just to be clear (and sorry for the question might be very silly)

It is nowhere rooted on Islam that the victim should marrythe guy or pay the price then? Is is 100% a cultural thing of people not adhering to islam as they should?

[Bismillah]

It is nowhere rooted on Islam that the victim should marrythe guy or pay the price then? Is is 100% a cultural thing of people not adhering to islam as they should?

No where, my original post in the first page responding to the OP had some sources to back that up.

The idea may stem from the hypocritical notion of a women's honour being examined and compromised even when it is not her fault (i.e rape) which probably has some tenuous connection to Islam and the decree for chastity. However, I would wager a patriarchal, misogynist, and war torn environment would be the predominant factor.

[Photonic]

Originally Posted by Bismillah

No where, my original post in the first page responding to the OP had some sources to back that up.

The idea may stem from the hypocritical notion of a women's honour being examined and compromised even when it is not her fault (i.e rape) which probably has some tenuous connection to Islam and the decree for chastity. However, I would wager a patriarchal, misogynist, and war torn environment would be the predominant factor.

Sounds about right.

[Me Myself]

Originally Posted by Bismillah

No where, my original post in the first page responding to the OP had some sources to back that up.

The idea may stem from the hypocritical notion of a women's honour being examined and compromised even when it is not her fault (i.e rape) which probably has some tenuous connection to Islam and the decree for chastity. However, I would wager a patriarchal, misogynist, and war torn environment would be the predominant factor.

Sounds around what I thought it may be. Thanks for the info.

[gnostic]

Originally Posted by bismillah

The idea of women marrying their rapist is inherently tied with that a misogynistic patriarchal society which places a greater emphasis on men. Greater access to education, especially for women, would change this.

I would agree with you that education for women would greatly benefit it, but even more education should be directed at the men that this practice of punishing women, especially to those in powers - in politics, in law, in the communities and in religion. Education would go too far for the women as long as men hold the power.

The Afghan religious leaders (like the clerics, scholars and imams) are just as much to blame for the status of women in Afghanistan as the (male) political leaders (like the president, government ministers, legislators, judges). And they continually resist reforms that would benefit women. Like or not, the religious leaders are just as misogynistic as the tribal Afghans. The clerics need education and change their way of thinking women.

And unless change these men in power, how do you expect the society to change?

[Bismillah]

I would agree with you that education for women would greatly benefit it, but even more education should be directed at the men that this practice of punishing women, especially to those in powers - in politics, in law, in the communities and in religion. Education would go too far for the women as long as men hold the power.

Studies have shown that education of women is the quickest way to educate a nation. Empower the women, build them schools, protect them, and let them apply what they will work and you will see a transformation in a society on a scale magnitudes times greater than that of dropping bombs and boots on the ground.

The clerics need education and change

To true, there is no Islamic institution of learning internationally recognized in Afghanistan. The clerics are of secondary concern to that of women's education. However, that does not mean that they are conflicting goals.

[Photonic]

Originally Posted by Bismillah

Studies have shown that education of women is the quickest way to educate a nation. Empower the women, build them schools, protect them, and let them apply what they will work and you will see a transformation in a society on a scale magnitudes times greater than that of dropping bombs and boots on the ground.

I disagree, special treatment would make it worse.

Equality is the ONLY way. They need to be no more protected than men.

And segregation of rights will only result in the opposite of what is intended.

[gnostic]

Originally Posted by bismillah

To true, there is no Islamic institution of learning internationally recognized in Afghanistan. The clerics are of secondary concern to that of women's education. However, that does not mean that they are conflicting goals.

But the clerics have enormous powers in Afghanistan. Changes (or reforms) will not happen unless the clerics are dealt with. The clerics are too set in their way and in their view of women - subservient to men, subhuman, properties. They don't want to listen to women's innocence, because they view them guilty.

Originally Posted by bismillah

Studies have shown that education of women is the quickest way to educate a nation. Empower the women, build them schools, protect them, and let them apply what they will work and you will see a transformation in a society on a scale magnitudes times greater than that of dropping bombs and boots on the ground.

In an ideal world, I would agree that it might work. But you know we don't live in an utopia, and Afghanistan falls far too short. I am all for empowering women, but the way Afghan societies are now, any woman voicing the injustice of the justice system would be crushed.