Sunday, July 18, 2004

Abid asked: If a case involved a lady who claims she was raped and there is dna evidence but the defendant claims the sexual intercourse was consensual. Can in this case marks or bruises and evidence of a beating on the victim be used as evidence of forcible rape?

Answer: No, you need witnesses to claim that it was forced.

Abid asked: In cases of rape in shariah do you need 4 witnesses or can modern science such as dna and forensic evidence be used to convict an offender?

Answer: You cannot prove intercourse except by the offender admitting or there being four trustworthy male witnesses. The violence part against the woman requires 2 witnesses to be established. If the woman claimed that a specific person had intercourse with her, and named that person, then this is Qathf unless she has 4 witnesses. Even if she claimed it was a rape.

Question: I have heard of hadith that the Prophet convicted men of rape on women’s testimony alone. Is this True?

Answer: To prove zina you need 4 trustworthy male witnesses by the order of the Quran. I don't know about such a hadith, but remember that only a mujtahid can follow hadith without the interpretation of another scholar.

S H asked: A person has several intermittent excuses that occur daily at most but not all prayer times(spotting from istihada and from also from a cut in the back) and occasionally urine leakage (maybe once in a few weeks.) What are the easiest Hanafi rulings for these situations: can they delay praying after wudu briefly if someone talks to them or for things such as turning on lights or closing doors? can they take a brief break in between prayers without leaving the place of prayer?

Answer: One does not become an excused person (i.e. someone who does not have to take wudu’ when it is broken continuously by a specific problem, and it was not broken for any other reason) unless the thing that breaks the wudu’ is continuous through an entire prayer-time without an interruption long enough to take wudu’ and pray. Once this happens, one remains excused until an entire prayer time passes without this excused matter occurring even once. If you are an excused person then the occurrence of the excused event does not break the wudu’. If you are not, which appears to be your case (you said it is only daily), then it does. So if you waited after taking wudu before praying, and the leakage or whatever occurred, then you wudu’ is broken. If it didn’t occur, then your prayer is valid. (See
this article (click here).

S H asked: During times of heavier bleeding, should one disregard the occasional spotting from the back if the chronic rulings apply for the first excuse since its impossible to differentiate?

Answer: Your question is not clear.

S H asked: How much najasa can they leave on their body if bleeding is heavy and it is difficult to do istinja (at work or school)?

Answer: Blood is harsh filth. This means that you are allowed to pray only if the spots amount to less than the size of a dirham (See
this article (click here).

S H asked: if bleeding occurs once in a prayer time and then stops for the time one can do wudu and pray fard, don't the rules of chronic excuses apply here?

Answer: No, they do not apply. (See
this article (click here).

S H asked: I read one must make up the previous prayer in which they bled the entire prayer time.

Answer: If the bleeding is irregular, i.e. not menses or postpartum, then it must be prayed. If you have irregular bleeding that does not stop long enough to pray and take wudu’ during from the beginning of a prayer time, then you wait until there is only enough time to take wudu’ and pray. At that point you have become an excused person, so you take wudu’ and pray despite the bleeding. You remain an excused person until an entire prayer time passes without the irregular bleeding occurring.

SH asked: does one have to make up all the prayers in which they bled the entire prayer time?

Answer: If the bleeding is irregular, i.e. not menses or postpartum, then it must be prayed.

SH asked: in the case of intermittent or chronic bleeding, should one do istinja and wudu at the end of their ghusl?

Answer: You have to remove any blood on body, clothes or the place of prayer before praying. You have to have wudu’ for your prayer. Once you have taken wudu’, and you are still an excused person due to irregular bleeding, then the wudu’ is not broken by the irregular bleeding, but only by other things that break the wudu’ or by the exit of a prayer time.