ExNihilo wrote: ↑10/02/2021 00:42
piupiu wrote: ↑10/02/2021 00:35
Preljuba je seksualni čin. Ili nije samo seksualni čin? Svaki seksualni čin van braka može biti okarakterisan kao preljuba. Siluješ ženu, i optužiš je za preljubu... pa se ona brani... Praksa je praksa, teorija nešto potpuno drugo.
Zakon o silovanju, Pakistan:
Finally, the Zina Ordinance then specifies the evidence required to prove
both zina and zina-bil-jabr:
Proof of zina or zina-bil-jabr liable to hadd shall be in one of the
following forms, namely:-
(a) the accused makes before a Court of competent jurisdiction a
confession of the commission of the offence; or
(b) at least four Muslim adult male witnesses, about whom the Court is satisfied, having regard to the requirements of tazkiyah alshuhood [credibility of witnesses], that they are truthful persons and abstain from major sins (kabair), give evidence as eyewitnesses of the act of penetration necessary to the offence.
https://repository.law.umich.edu/cgi/vi ... ntext=mjil
Nešto si ti ozbiljno pomiješala.
Preljuba je preljuba. Nije silovanje, nego preljuba. Preljuba kao pravni termin. Kontaš? Preljuba je kad smo ti i ja u braku, a ja počinim seksualni činom sa trećom osobom. Ili, što je već specifično za šerijat, ako uopće počinimo seksualni čin, a nismo u braku. To je preljuba/blud, ili zina.
Četiri svjedoka su tu da zaštite od klevete. U smislu, možda si fakat počinila preljubu, ali nećeš odgovarati ako nemaju barem 4 čovjeka koja su to svojim očima vidjela. A ti si sugerirala kako je obrnuto: da su četiri svjedoka potrebna da bi uopće iznijela optužbu za nešto.
Rekoh ti već, teorija je teorija, a praksa praksa. "Šta je 'preljuba silom' ako nije silovanje? Ali da ne bi bilo kako ja izvrćem, evo malo pakistanske sudske prakse:
When this law was enacted in 1977, proponents argued that it codified the Islamic law of illegal sexual relations. The accuracy of that claim is addressed in detail later.
First, it is important to note that the application of the Zina Ordinance in Pakistan has placed a new twist and a
renewed urgency on the question of its validity. The twist is this: when a zina-bil-jabr case fails for lack of four witnesses, the Pakistani legal system has more than once concluded that the intercourse was therefore consensual, and consequently has charged rape victims with zina.
A few disturbing cases will illustrate the concern. In 1982, fifteen year-old Jehan Mina became pregnant as a result of a reported rape. Lacking the testimony of four eyewitnesses that the intercourse was in fact rape, Jehan was convicted of zina on the evidence of her illegitimate pregnancy. Her child was born in prison. Later, a similar case caused public outcry and drew public attention to the new law. In 1985, Safia Bibi, a sixteen-year-old nearly blind domestic servant reported that she was repeatedly raped by her landlord/employer and his son, and became pregnant as a result. When she charged the men with rape, the case was dismissed for lack of evidence, as she was the only witness against them. Safia, however, being unmarried and pregnant, was charged with zina and convicted on this evidence. "
Short of conviction, women have also been held for extended periods of time on charges of zina when they allege rape.' For example, in July, 1992, Shamim, a twenty-one-year-old mother of two, charged that she was kidnaped and raped by three men in Karachi. When a rape complaint was lodged against the perpetrators, the police instead arrested Shamim, and charged her with zina when her family could not post the fee set for her release. The police held her in custody for six days, during which she reports that she was repeatedly raped by two police officers and a third unnamed person. Numerous women have reported similar custodial rapes in Pakistan.
Police action and inaction in rape cases in Pakistan have in fact been widely reported as instrumental elements to the injustice. There is evidence that police have deliberately failed to file charges against men accused of rape, often using the threat of converting the rape charge into a zina prosecution against the female complainant to discourage women
from reporting.
Stavih ti gore odličan link na temu. Dakle
zina - preljuba i
zina-bil-jabr - preljuba silom:
A person is said to commit zina-bil-jabr if he or she has sexual intercourse with a woman or man, as the case may be, to whom he or she is not validly married, in any of the following circumstances, namely:
(a) against the will of the victim,
(b) without the consent of the victim,
(c) with the consent of the victim, when the consent has been
obtained by putting the victim in fear of death or of hurt, or
(d) with the consent of the victim, when the offender knows that
the offender is not validly married to the victim and that the consent is given because the victim believes that the offender is another person to whom the victim is or believes herself or himself to be validly married.
Explanation.
-Penetration is sufficient to constitute the sexual intercourse necessary to the offence of zina-bil-jabr.
Zina-bil-jabr is zina-bil-jabr liable to hadd if it is committed in the circumstances specified [above].
I sad se vrati gore i pročitaj kako se dokazuje zina-bil-jabr - 4 muška svjedoka penetracije, i ako ih žrtva ne može naći, onda nju sude za 'preljubu' - bila udata ili ne.
Kakav mind fuck.
