Question about rape

The problem was already addressed, there is no one here qualified to explain the Shariah Law pertaining to rape.  It is my understanding that in the case of rape, a woman who is attacked MUST cry out to prevent the rape and expose the attacker.  If she is in the populated area in which her cries can be heard, she is judged innocent.  If she is in an area where her cries cannot be heard, she is also deemed innocent.  If she doesn't cry out... well, I don't have the proof in front of me so I will stop there.  The problem lies in the fact that she was alone.

Islam gives women the dignity of giving responsibility for their safety to the men of her family.  She should not be without a male member of her family, one who can protect her, if she is likely to be accosted.  This is not an oppression on the woman, but a protection.  Who in their right mind would allow their 9 year old daughter to walk herself to school, even in our so called safe neighborhoods here in the west?

For the sister who was abused by the brother-in-law, you should go to a qualified scholar and pose your question to him.  Without proof, you may destroy your marriage.  If this activity has ceased, you must decide whether or not to pursue it, weighing the probability that he is now abusing another member of your family.  If he is still abusing you, you have a duty to expose him, you cannot allow him to touch you ever again!!! but it is imperative that you seek the advise of a knowledgable Sheikh in this matter, and not follow the advise of unqualified strangers.

Sister Sarah, please don't listen to people who tell you to leave your husband, see this is why I said do not follow unqualified strangers.

herjihad, it is not clear if she meant this is a past abuse or a continuing abuse.  It is not clear if her husband knows, it is not clear who she even told, so leave her alone!  You are not qualified to tell a woman to destroy her marriage and her child, and you make such a suggestion over a few vague sentences.  You see what women are capable of!  You think you know something and advise another woman to destroy her marriage!  Be quiet and mind your manners! Just because you have a hate on for all men doesn't mean all men are wrong.

Sister Sarah, you know what has happened, and you know your situation.  Take your inquiry to a qualified Sheikh who can help you decide what to do.  May Allah make it easy for you.

Thank you Sisters for giving me advice. Actually i love my husband a lot and the same he does. The problem is to prove the rape which is very difficult and further difficult to point out the person who is part of this family his very own brother. Hub is in very confused state of mind and even i would be if in his place. Yes the rape has been repeatedly on different occasions. I dont want to break up..Yup i ll see a Sheikh to help me out and guide me. May Allah help me out of this situation. Please Pray

Sarah

I feel bad for you that this is happening to you. The only way to prove it to your husband is to look for "identifying marks" if this ever happens again. Like a birthmark or something you could not know. Of course you could carry a large stick and beat the $&$& out of him or scratch his face. That would give you DNA too and prove to your husband that what you are saying is true.

Also, no matter if you think you do not have proof. Report it to the police. This will let your husband know you are serious. It sounds incredulous to me that your husband has not already beat his brother within an inch of his life. Remember, if you can scratch him and get the DNA under your fingernails you can tie it to other DNA. Go to the hospital and see a doctor and let them know that you were raped. Also, write down everything that happened to you in the past, so that you have written proof too.

Hope some of this helps,

Lameese