What are the rulings concerning rape and the punishment for the rapist, and how can the crime be proven against a man so that he does not escape punishment, especially given the accusation from non-Muslims that the man's word is supreme and there is no way for a woman to prove that she has been raped?

First: Rape is fundamentally an act ofzina (unlawful sexual intercourse) and is established by four witnesses. Its punishment is flogging for the virgin and stoning for the married person. If it occurs under the threat of a weapon or by kidnapping a woman by force, it is considered "hirabah" (brigandage/unlawful warfare) and is established by only two witnesses. Its punishment is that mentioned in the verse of hirabah in Surat Al-Ma'idah/33. This prescribed punishment is applied upon the mere act of kidnapping by force, regardless of whether zina occurred or not.

Second: The accusation by non-Muslims that Muslims believe the man's word is supreme in cases of rape is baseless. An accused person is innocent until proven guilty, and a claim is not accepted unless its validity is established, due to the Prophet's (peace be upon him) saying: "If people were given what they claimed, some would claim the blood and property of others, but the oath is upon the defendant."

Third: A woman's claim that she was forced into zina is not accepted except with strong evidence or a strong indication; otherwise, she is subject to the same prescribed punishment as the fornicator.

Fourth: The presence of a man's semen in a woman does not necessarily indicate rape. It could be with her consent, in which case she deserves punishment, or she might have falsely accused him due to a dispute. Prescribed punishments are not established by probabilities, and "DNA" results can be erroneous. It is permissible to rely on genetic fingerprints in criminal investigations for matters other than prescribed punishments and retribution. A judge may impose a discretionary punishment (ta'zir) if there are strong indications, for the criminal will not escape punishment in this world or the hereafter.