Xamari_76 wrote:Im not questioning our religion..just asking some questions..Why is it that a raped women needs like 3 witnesses for her accusation to be taken seriously..these are legitimate questions people..please take no offense.
Its actually 4 witnesses and this is only required if the accused denies the rape and there's no evidence to hold him liable. If he confesses, or even if the woman's screams for help are heard, there's physical evidence which proves he did it e.g. DNA, then he will be charged with the rape and his hadd punishment is like that of zinah. If he was married, he will be stoned and if he never married, he will face 100 lashes. In addition he will pay for her dowry as is stipulated by a khaadi/judge.
If a man accuses a chaste woman of zinah and does not provide 4 witnesses, he will be charged with the crime of zinah and be punished for it. Rulings like this are to discourage false accusations and foul play. Allah does not favor a man over a woman, he created all beings, only those who are pious are closer to him.
The scholars are unanimously agreed that the rapist is to be subjected to the hadd punishment if there is clear evidence against him that he deserves the hadd punishment, or if he admits to that. Otherwise, he is to be punished (i.e., if there is no proof that the hadd punishment for zina may be carried out against him because he does not confess, and there are not four witnesses, then the judge may punish him and stipulate a punishment that will deter him and others like him). There is no punishment for the woman if it is true that he forced her and overpowered her, which may be proven by her screaming and shouting for help. End quote.
http://www.islam-qa.com/en/ref/72338/rape