Zina Bi'l Jabbar in Islam...Adultary by being forced

[Toramana]

I don't have much knowledge of it but in Islam, there is this concept of Ziná-i-biljabar...i.e., if a woman is raped and she approaches the court for justice she would have to prove her innocense...failing she would be charged with Zina-i-biljabar i.e., she committed adultary by being forced and put in prison or given death sentence...

Can anybody enlighten on this? Here is a source on it.

"Zina relates to adultery or fornication - any extramarital sex - and is prohibited in Islam. However, an essential aspect of zina is that it is consensual. Rape, thus, can't be classified under zina. The term zina bil Jabr is oxymoronic, because literally translated, it means "consensual extramarital sex by force". Had it been only a matter of oxymoronic expression or semantic, it wouldn't have been of great significance. However, because it has serious legal implications and has impacted the lives of many women, this matter can't be taken lightly.

A major problem with the orthodox Islamic law, as exemplified in the Hudood Ordinance of Pakistan, is approaching rape as zina bil Jabr. Because zina is legally prohibited and regarded as morally one of the most reprehensible acts, the very charge of zina bil Jabr casts a negative spotlight on the accused. A rape victim, already a victim, is further traumatized and stigmatized by such label that is regarded by the society as reprehensible. This label is an obstacle to seeing and treating a raped victim, as a victim, and victim only. Instead, the very charge is under a presumption that the victim along with the rapist have been involved in a morally reprehensible act. "

http://www.globalwebpost.com/farooqm...rape_fiqh.html

[ScimitarXEdge]

There is no Jurisprudential reference of something called "zina bil jabr" in context of a woman, but there is context of a man , zina bil jabr is always in reference to people who force others into sex, not someone being forced

otherwise it would be "zina bil mutajabour"

[ScimitarXEdge]

Please read the following for more greater detail on the issue

Does Islam require four witnesses for rape?

“Narrated Wa’il ibn Hujr: “When a woman went out in the time of the Prophet (P) for prayer, a man attacked her and overpowered [raped] her. She shouted and he went off, and when a man came by, she said: That [man] did such and such to me. And when a company of the Emigrants came by, she said: That man did such and such to me. They went and seized the man whom they thought had had intercourse with her and brought him to her.

She said: Yes, this is he. Then they brought him to the Apostle of Allah (P).
When he [the Prophet] was about to pass sentence, the man who [actually] had assaulted her stood up and said: Apostle of Allah, I am the man who did it to her.

He [the Prophet] said to her: Go away, for Allah has forgiven you. But he told the man some good words [Abu Dawud said: "meaning the man who was seized"], and of the man who had had intercourse with her, he said: “Stone him to death.

Sunan Abu Dawud, Book 38, #4366
“

[شمله ور خراساني]

Fail