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Thread: Moroccan penal code support rapists

  1. #1
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    Exclamation Moroccan penal code support rapists

    It's not even a joke...

    A 16-year-old Moroccan girl has committed suicide after a judge ordered her to marry her rapist, according to Moroccan media reports.

    Last year Amina’s parents filed charges against their daughter’s rapist, a man 10 years older than her but it was only recently that a judge in the northern city of Tangier decided that instead of punishing him, the two must be married.[/FONT][/COLOR]

    The court’s decision to forcibly marry Amina to her rapist was supposed to “resolve” the damage of sexual violation against her, but it led to more suffering in the unwelcoming home of her rapist/husband’s family.

    Traumatized by the painful experience of rape, Amina decided to end her life by consuming rat poison in the house of her husband’s family, according to the Moroccan daily al-Massae.

    According to the newspaper, this type of forced marriage is rooted in local rural traditions to safeguard the honor of girls who are raped.

    Moroccan penal code exempts a rapist from punishment if he agrees to marry his victim.

    Feminists have long demanded an amendment to this article.

    Hafida Elbaz, director of the Women’s Solidarity Association told a-Massae that the article provides an opportunity for a perpetrator to avoid punishment.

    The story has widely spread on Twitter and on Facebook with many in Morocco demanding action against the judge who issued the ruling.

    http://english.alarabiya.net/article...14/200577.html


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    <rant>
    I don't think you need to be a feminist to see this is as stupid as it it wrong.

    Victim - "I've been raped and demand justice."
    Idiot judge - "Better get married to the rapist because you're a loose woman if you don't"

    What a twit. He should have ordered the man's goolies be chopped off.

    </rant>

    <brainon>
    I'm taking a guess this culture in ingrained in local society. If so, that really needs changing but that wouldn't be the easiest of tasks even if there were the will.
    I know little of that country so I'll have to google when I have a moment but I'm taking a guess education is limited.
    Just a guess.
    <brainoff>

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    Quote Originally Posted by Blueprint View Post
    It's not even a joke...

    A 16-year-old Moroccan girl has committed suicide after a judge ordered her to marry her rapist, according to Moroccan media reports.

    Last year Amina’s parents filed charges against their daughter’s rapist, a man 10 years older than her but it was only recently that a judge in the northern city of Tangier decided that instead of punishing him, the two must be married.[/FONT][/COLOR]

    The court’s decision to forcibly marry Amina to her rapist was supposed to “resolve” the damage of sexual violation against her, but it led to more suffering in the unwelcoming home of her rapist/husband’s family.

    Traumatized by the painful experience of rape, Amina decided to end her life by consuming rat poison in the house of her husband’s family, according to the Moroccan daily al-Massae.

    According to the newspaper, this type of forced marriage is rooted in local rural traditions to safeguard the honor of girls who are raped.

    Moroccan penal code exempts a rapist from punishment if he agrees to marry his victim.

    Feminists have long demanded an amendment to this article.

    Hafida Elbaz, director of the Women’s Solidarity Association told a-Massae that the article provides an opportunity for a perpetrator to avoid punishment.

    The story has widely spread on Twitter and on Facebook with many in Morocco demanding action against the judge who issued the ruling.

    http://english.alarabiya.net/article...14/200577.html

    Wow, a rapists paradise!!!!

    Rape a girl once and you get to repeat it over and ovevr again, legally!!!

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    It's not culture....it's not just one village idiot judge.....its the penal LAW in the whole country. A whole country cannot be that messed up. But Morocco is.

    That more than anything is the most shocking thing to hear.

    A rapist by that definition does not commit rape at all.

    Quote Originally Posted by fred View Post
    <rant>
    I don't think you need to be a feminist to see this is as stupid as it it wrong.

    Victim - "I've been raped and demand justice."
    Idiot judge - "Better get married to the rapist because you're a loose woman if you don't"

    What a twit. He should have ordered the man's goolies be chopped off.

    </rant>

    <brainon>
    I'm taking a guess this culture in ingrained in local society. If so, that really needs changing but that wouldn't be the easiest of tasks even if there were the will.
    I know little of that country so I'll have to google when I have a moment but I'm taking a guess education is limited.
    Just a guess.
    <brainoff>

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    This leads to a question regarding Islam.
    Suicide is a clear sin but what about in a case such as this where the young lass could only see a future filled with rape at the hands of a monster; would, based on the holy book, the Almighty be likely to forgive her and allow her to sit by his side?

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    My younger brother died by hanging himself. He was only 25 yrs.old. The problem was a small tiff between my mother and himself. We are all deeply shocked and very much grieved. There are so many questions that I would like to ask you regarding this situation. Firstly, why did Allah choose this kind of death for my brother. Secondly, my father is 65 yrs old and he is very pious and my mother is extremely kind and gentle. Why did Allah show this day in their lives? Thirdly, how can we help him (my brother) who is no more? How can we see him in jannat? Can we convey our salam to him? Will our salam reach him?
    Also, after we did autopsy we found out that his death was not because of strangulation but because his spinal cord broke. Actually what happened was, there was a swing made out of a cloth for my kid in the room. My brother he took a stool which was nearby and tied it around his neck saying i will take my life. My mother was in the same room, praying. We feel it was not suicide, maybe it was his anger which made him do this.
    His friends tell us that he was not the kind to commit suicide. In fact he used to advice his friends against it if they mentioned it.
    His funeral was also good and his face did not look like he was suffering or anything. It looked like he was sleeping and we just had to wake him up. Does this indicate
    Please reply to this as we are very troubled by this sudden demise.


    Praise be to Allaah.
    In dealing with these questions we must note three things, which are:
    1 – Everything happens by the will and decree of Allaah. Everything that happens in this universe, good or bad, happens by the decree of Allaah, under His control and by His will, for there is no lord except Him and no controller besides Him.
    2 – We must believe that He is wise in all that He decrees, for His is the utmost wisdom in all that happens in this universe, whether we understand that or not. Indeed, much of Allaah’s wisdom cannot be comprehended by the minds of His slaves. So we must submit to Allaah, by believing that His wisdom is perfect. It is not permissible for us to object to Him, whether that means objecting to His laws or to His decrees.
    3 – Suicide is a major sin and a bad end. The one who kills himself in order to escape calamities or poverty or the results of distress or anger has, by doing that, exposed himself to the punishment of Allaah. Allaah says (interpretation of the meaning):
    “… And do not kill yourselves (nor kill one another). Surely, Allaah is Most Merciful to you.
    And whoever commits that through aggression and injustice, We shall cast him into the Fire, and that is easy for Allaah”
    [al-Nisa’ 4:29]
    And it was narrated in al-Saheehayn that the Prophet (peace and blessings of Allaah be upon him) said: “Whoever kills himself with a piece of iron, that iron will be in his hand and he will be stabbing himself in the stomach with it in Hell for ever and ever. Whoever kills himself with poison, that poison will be in his hand and he will be drinking it in Hell…”
    Whatever happened in this case, we must refer the matter to Allaah. What appears to be the case is that what happened was suicide, because he hung himself, i.e., he tied a rope around his neck and strangled himself. So either he committed suicide or he wanted to commit suicide. And Allaah knows best.
    As for the righteousness of the parents, this does not mean that Allaah will not test them with some calamities, so as to show their patience and so as to erase thereby their sins. For the believer’s whole affair is good: if something good happens to him he gives thanks for it, and that is good for him, and if something bad happens to him, he bears it with patience, and that is good for him, and this applies only to the believer. So being tested with calamities does not mean that the believer is insignificant before Allaah if he is righteous and obeys Allaah. For belief in Allaah, obeying Him and fearing Him are the means that lead to one being honoured by Allaah, and kufr, immorality and disobedience are the means that lead to one being regarded as worthless by Allaah. Whoever is tested with some calamity and bears that with patience, that will raise him in status. Calamities are of different kinds, it may be a sickness, or loss of wealth, or loss of a loved one such as a son, brother, father, husband or wife. Allaah tests His slaves with ease and with calamities, with good and bad, as Allaah says (interpretation of the meaning):
    “and We shall make a trial of you with evil and with good. And to Us you will be returned”[al-Anbiya’ 21:35]
    If the suicide stemmed from ignorance and the person was righteous and obeyed Allaah, and prayed regularly, then there is the hope that Allaah may forgive him, for He is the Most Merciful of those who show mercy. However, if he knew of the ruling on suicide, but he resorted to that in order to get rid of a problem from which he was suffering, then there is the danger that he is included in the warning of the punishment narrated in the hadeeth. But nevertheless he was still a believer in Allaah and His Messenger and a follower of Tawheed, not a mushrik, so he is subject to the will of Allaah. If Allaah wills He will forgive him, and if He wills he will punish him, but even if He punishes him He will eventually bring him forth from the Fire, because Allaah says (interpretation of the meaning):
    “Verily, Allaah forgives not that partners should be set up with Him (in worship), but He forgives except that (anything else) to whom He wills”[al-Nisa’ 4:48]
    And the Prophet (peace and blessings of Allaah be upon him) said: “Everyone who says Laa ilaaha ill-Allaah (there is no god except Allaah) and has an atom’s-weight of faith in his heart will be brought forth from the Fire.”
    With regard to his washing and preparation for burial, and his good appearance, that may indeed be a sign that his situation is good, that the consequences will be good for him and that he is excused and forgiven by his Lord. But we cannot be certain about any of these things, although these signs may give us hope. If the one who committed suicide was a Muslim, a follower of Tawheed and one who prayed regularly, then we can show kindness towards him by praying for forgiveness for him and asking Allaah to forgive him his sins, and to forgive him for whatever he did to himself that ended up in suicide.
    With regard to what is said in the question criticizing the way which Allaah chose for him to die, this is a kind of objecting to the decree of Allaah. Allaah is the One Who decrees; He is the Creator of all things, and all things are subject to His decree. He is the Most Wise, the All-Knowing, but whatever action is done that goes against His law cannot be justified by saying that this is the decree of Allaah. Whatever happens in the universe of such events does not mean that it is permissible to object to the decree of Allaah, rather we are obliged to believe in the Divine decree and in the Wisdom of the Lord, may He be glorified and exalted.


    Shaykh ‘Abd al-Rahmaan al-Barraak.
    http://islam-qa.com/en/ref/22407/suicide

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    ^
    Interesting.
    If I read it correctly, the upshot seems to be,if you know suicide is a sin, you're buggered.

    Personally, I'm about to get the old rug out to do my duty and I'm going to add a thought for this lass and the hope she'll be going uphill.
    Regardless of the above, I can't see the lass having any sort of life at all at the hands of her rapist so I'm hoping she gets on the 'most forgiving' bit and goes to the good place.

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    Suicide is a red herring in this topic. It'l be a red herring you'l be chasing an answer for from scholars and Muslims for the rest of your life.

    Have faith in Allah's mercy. He will forgive whom he wills despite their sins. Looking for verdicts all your life on issues in these matters, where only Allah has this hidden knowledge is silly. It's a pointless game. Only have faith in Allah's mercy. Allah does not punish the oppressed.

    The real question one should ask is......are there any other countries in the middle east/asia/world, which have the same law as Morocco in regards to rape?

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    You know what's annoying about gohar's post? Issuing heartless verdicts and condemning people to hell fire without any heart towards a victim.

    Let me spell it out for the cold religious fatwah making industry....V, I, C, T, I, M.

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    Quote Originally Posted by Blueprint View Post
    You know what's annoying about gohar's post? Issuing heartless verdicts and condemning people to hell fire without any heart towards a victim.

    Let me spell it out for the cold religious fatwah making industry....V, I, C, T, I, M.
    Gohar is just helpfully responding to an earlier post.

    What is the Islamic position on the original news article?

    There are a few disparate countries that seem to have similar rules.

    Is there an Islamic basis for rape marriage. Or is it local custom?

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    It's not Islamic to make a victim marry her abuser. So no need to ask about religious verdicts.

    Quote Originally Posted by TRUREL View Post
    Gohar is just helpfully responding to an earlier post.

    What is the Islamic position on the original news article?

    There are a few disparate countries that seem to have similar rules.

    Is there an Islamic basis for rape marriage. Or is it local custom?

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    The Islamic penal verdict for rapist is death not marriage!

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    Quote Originally Posted by iraniboy View Post
    The Islamic penal verdict for rapist is death not marriage!
    Having checked a few other sites it appears that some consider that unless a woman has 4 witnesses to a rape accusation then the accusation can be considered admission of zina.

    I don't think this view has supporting evidence but I am no expert and am hopeless on google.

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    Quote Originally Posted by TRUREL View Post
    Having checked a few other sites it appears that some consider that unless a woman has 4 witnesses to a rape accusation then the accusation can be considered admission of zina.

    I don't think this view has supporting evidence but I am no expert and am hopeless on google.
    Really?!!! 4 witnesses is the requirement for accusation of adultery not rape!! Rape is an aggressive violence that happens to be sexual.

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    Quote Originally Posted by iraniboy View Post
    Really?!!! 4 witnesses is the requirement for accusation of adultery not rape!! Rape is an aggressive violence that happens to be sexual.
    I've always thought of it as the the other way round....food for thought, thanks.

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    Quote Originally Posted by TRUREL View Post
    Gohar is just helpfully responding to an earlier post.

    What is the Islamic position on the original news article?

    There are a few disparate countries that seem to have similar rules.

    Is there an Islamic basis for rape marriage. Or is it local custom?
    He was and responded well.
    However, being an optimistic sort of chap, I'm still hoping for the "Most forgiving" bit to work out for the lass.

    Blueprint does hold a valid point of view. Sometimes I see way too much coldness in various religions; seems like the heart is missing and surely the a most important lesson is we should be kind to those in trouble or distress.
    If not, what is all that messing about in Ramadan about?

    I still hold the opinion the judge is as much to blame for her death as the rapist and, here goes one of those prayer things again, hopefully will be punished by the Almighty when the time comes.

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    Quote Originally Posted by TRUREL View Post
    Having checked a few other sites it appears that some consider that unless a woman has 4 witnesses to a rape accusation then the accusation can be considered admission of zina.

    I don't think this view has supporting evidence but I am no expert and am hopeless on google.
    There may indeed be some difference over which law rape is best prosecuted under. I have seen both causing discord in the land mentioned (for which the penalty ranges from exile, to cutting opposite limbs off, and one other thing which I forget), as well as zina (for which the penalty for an unmarried person would be whipping). Wondering aloud, I wonder whether the level of violence involved might play a part in making that decision, which considering the direction in which the definition of rape seems to be heading (e.g. http://www.dailymail.co.uk/news/arti...soon-rape.html) , would make sense.

    As to whether a woman can be charged for zina, then according to Taqi Usman when he clarified the issue on the Pakistani Hudood ordiances, he said that it is completely incorrect. The actual rule is as follows, and is what you would find in most legal systems:

    If an allegation is made (whether for rape, or any other crime) and the judge feels the evidence is insufficient, then there are two possibilities. Either it is enough for a lesser verdict and that is made, or the case is dismissed. Now the important thing here is that an unsuccessful case is NOT evidence of the accuser lying. For the authorities to charge an accuser of lying etc, they have to present separate and actual evidence of that being the case.

    Just like if I accused one of you of hitting me in a UK court. We go to trial and the judge says he is not convinced and dismisses the case. Now we know that there is something called perjury. Since my case has been unsuccessful, will I be charged for perjury, because it exists after all? Well just because it exists it doesn't mean every unsuccessful claim comes under it's umbrella. Judge might believe person B, but that doesn't mean he is saying person A lied, or (and more importantly) that there is enough evidence to charge person A with lying. Same for accusations of rape in the Islamic penal code. If there is actual evidence that the accuser lied, then it is right that s/he is prosecuted for it. If there isn't then their case might have been unsuccessful, but they will not be counter charged with perjury/zina etc.

    I used to have a link to the original paper, but it looks like it's broken now. Google search has shown a few sites which look like they might contain it though.

    Quote Originally Posted by TRUREL View Post
    Is there an Islamic basis for rape marriage. Or is it local custom?
    Definitely has no basis whatsoever.
    Last edited by gohar; 16-03-2012 at 01:04 AM. Reason: ty btw

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    the cold religious fatwah making industry....V, I, C, T, I, M.
    They have to give an unbiased explanation based on what they find in the text. And I thought the fatwa gave both sides - that it isn't allowed and it has been warned against strongly, but there is still hope for them, and Allah will make the final judgement. But please don't assume that makes them cold, uncaring people. How could you know what they feel in their heart? Maybe this ruling causes them more worry and grief than it does you.

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    Thank you mentioning, the real taboo subject here.

    We must all admit to ourselves that when it comes to rape, Muslims (NOT ISLAM) but Muslims have understood it wrong.

    I do believe that Muslims worldwide do not understand the issue of rape.

    When I have visited Pakistan or Saudi, I've often wondered if I was raped by a family member or a stranger, who would help me?

    And always I have come to the conclusion that as a victim myself I could never trust the authorities to believe me. I would remain silent and deal with it all in the UK where they have ample support for raped women.

    I don't know what the law is in other Muslim countries, but I can suspect their skewered understanding on the issue of rape, and they will call it religion too.

    We have to accept that some Muslim leaders even actually believe that if a woman has no witnesses to her rape she will be accused of adultery. This verdict in itself is so messed up as a rapists always drags his victim off into a dark area, and 100% of the time no one but the aggressor and victim will see the crime. Why fellow leaders and humans do not understand this is bizarre? Since when did rape take place publicly in front of people?

    This view is not new to me though, although I have only encountered it on the internet, in person and real life Muslims don't even talk about rape.

    It seems like India may also have a skewered notion to rape. But I always expect more from Islam.

    Quote Originally Posted by TRUREL View Post
    Having checked a few other sites it appears that some consider that unless a woman has 4 witnesses to a rape accusation then the accusation can be considered admission of zina.

    I don't think this view has supporting evidence but I am no expert and am hopeless on google.
    Last edited by Blueprint; 16-03-2012 at 11:41 AM.

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    There is no room for fatwahs such as this when a person dies. Perhaps it's easy for you to paste a post in this thread because the victim is far away and un-associated to you.

    Why if you did this same thing when the Tunisian man set himself on fire, I'd personally walloped you just as many other Arab people would have shut your personal inappropriate advocacy down.

    There's a time a place bro.

    Quote Originally Posted by gohar View Post
    They have to give an unbiased explanation based on what they find in the text. And I thought the fatwa gave both sides - that it isn't allowed and it has been warned against strongly, but there is still hope for them, and Allah will make the final judgement. But please don't assume that makes them cold, uncaring people. How could you know what they feel in their heart? Maybe this ruling causes them more worry and grief than it does you.
    Last edited by Blueprint; 16-03-2012 at 11:43 AM.

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