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The question

Does the crime of rape in Islam require four witnesses for its proof, or can it be proven by modern means such as DNA and signs of resistance?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

Rape is forced zina (unlawful sexual intercourse), and it is only proven by four upright witnesses who explicitly witnessed the act, based on the Almighty's saying: "And those who accuse chaste women and then do not produce four witnesses - lash them with eighty lashes and do not accept their testimony ever after. And those are the defiantly disobedient" (An-Nur:4). The woman in a case of rape is absolved of sin and punishment, and she is entitled to a compensatory Mahr (bridal money) from the rapist, who deserves discretionary punishment (ta'zir). If the act involved abduction, it constitutes hirabah (brigandage/highway robbery) and warrants the punishment for hirabah, upon proof by evidence (two witnesses). Proving rape through medical means or signs of resistance is not valid, because Islamic law stipulated four witnesses for the sake of concealment and safeguarding honor.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Ftawy
Original fatwa ID
174713
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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Read the full answer on Ftawy