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12-15-2013 , 10:38 PM
Quote:
Originally Posted by coolerboy123
3) What I mean by country to country is that sharia law when applied in full is the same in all countries that it is applied in full in, some muslim majority countries apply every aspect of sharia law.


What the? Again which nations apply Sharia law in full. Even in S.A women work as doctors. This goes against some interpretations of Sharia law

Quote:
Originally Posted by coolerboy123
Some muslim majority countries do not practice any form of sharia law,
This is a step in the right direction. Also could you start capitalizing the m in "Muslim"


Quote:
Originally Posted by Bladesman87
I'm really glad we've made this breakthrough.

Next point:

If a woman accuses a man of rape, she is necessarily saying that a sexual act took place.

Agreed?
Rephrase the question please.



http://www.youtube.com/watch?v=NcJoKNyAVJk

http://www.youtube.com/watch?v=xuEljkNR3ss

U.A.E is quite liberal compared to other Muslim nations, like Saudi Arabia for instance.

Last edited by thekid345; 12-15-2013 at 10:48 PM.
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12-15-2013 , 10:49 PM
I already posted the link which shows which muslim majority countries apply sharia law in full as the rule of the land, which apply it partially as the rule of the land, and which don't have it as the rule of the land.

Edit- Dubai and Ras Al Khaimah may be more liberal in comparison to other muslim majority countries, but seeing as how the rest of the country is under sharia law it's in no way shape or form liberal.
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12-15-2013 , 11:19 PM
Quote:
Rephrase the question please.
Given that rape is a sexual crime, if a woman claims she has been raped is she necessarily admitting that a sexual act occurred?
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12-15-2013 , 11:29 PM
Quote:
Originally Posted by coolerboy123
I already posted the link which shows which muslim majority countries apply sharia law in full as the rule of the land, which apply it partially as the rule of the land, and which don't have it as the rule of the land.

Edit- Dubai and Ras Al Khaimah may be more liberal in comparison to other muslim majority countries, but seeing as how the rest of the country is under sharia law it's in no way shape or form liberal.
What about the capital, Abu Dhabi? And the 3 other emirates.
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12-15-2013 , 11:36 PM
Quote:
Originally Posted by Bladesman87
Given that rape is a sexual crime, if a woman claims she has been raped is she necessarily admitting that a sexual act occurred?
Of course men can be raped as well, Same with transgenders.

If a person claims they were raped then yes this is a sexual act. Stated UAE law does hold forcibly rape as a crime punishable by death, regardless of any # of witnesses. We have yet to see the technical law of reporting a rape. If your so hell bent on this issue, just find me the law in writing wrt reporting rape.
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12-16-2013 , 12:07 AM
Ok.

So extramarital is illegal.
If a woman claims that rape has occurred, she has claimed that a sexual act involving herself has occurred.

Now let's suppose that a woman has made the claim that she was raped, but is unable to prove that the act was non-consensual.

Hasn't she effectively confessed to a crime?
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12-16-2013 , 12:10 AM
Abu Dhabi is not ran by full sharia law, for instance Non Muslims are allowed to visit the Sheikh Zayed Mosque

http://en.wikipedia.org/wiki/Sheikh_...ing_the_mosque
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12-16-2013 , 12:20 AM
Quote:
Originally Posted by Bladesman87
Ok.

So extramarital is illegal.
If a woman claims that rape has occurred, she has claimed that a sexual act involving herself has occurred.

Now let's suppose that a woman has made the claim that she was raped, but is unable to prove that the act was non-consensual.

Hasn't she effectively confessed to a crime?



Article 354 states, “Whoever commits rape on a female or sodomy with a male shall be punished by death.”


As usually, the country has a civil law, but Shari’a is used as reference regarding family laws. However, UAE laws tolerate use of alcohol to a certain degree, while public bars are mostly seen in hotels and clubs. Rare are the cases where a public bar, for instance, operates independently.

UAE laws legally protect human rights, as well as social development. This includes the right to equality, liberty and the presumption of innocence in legal procedures ( until proven guilty, of course ). The UAE government is currently evaluating national human-rights, as mean wages were 45$ per manhour in 2009



http://www.arablawsworld.com/uae-laws.php
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12-16-2013 , 12:38 AM
Quote:
Originally Posted by Bladesman87
Now let's suppose that a woman has made the claim that she was raped, but is unable to prove that the act was non-consensual.

Hasn't she effectively confessed to a crime?
Quoting for answer.
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12-16-2013 , 01:03 AM
You can't possibly believe that was a pertinent answer to the question.
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12-16-2013 , 05:35 AM
We can debate the merits of the numbers statistics back and forth, but also remember that they don't measure the same thing.

Rape in Saudi-Arabia is not the same as rape in Sweden or the US. For example in Sweden it is illegal to force your wife to have sex with you, in Saudi-Arabia it is not. In the US it is considered sexual assault/rape to have sex with someone below the age of consent, Saudi-Arabia has no age of consent (only a ban on sex outside marriage).

Also, technically speaking Saudi-Arabia has no legislated laws on rape due to how its court system work. Thus two "identical" cases might end up with one being considered rape, and the other one not.

Thus much legal sex in Saudi-Arabia would actually be considered rape in US/Sweden. If you want to compare the numbers you have to either remove the Swedish/American cases that are legal in Saudi-Arabia or add the Saudi-Arabian cases that would be illegal in the US/Sweden. Only after you have done that would you start considering underreporting and similar pitfalls.



(This, by the way, is typical of international crime statistics in general. There are no international standards for definitions of crimes, and countries report based on their own legal system. One should always be vary of this when comparing crime statistics.)
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12-16-2013 , 11:27 AM
Quote:
Originally Posted by tame_deuces
We can debate the merits of the numbers statistics back and forth, but also remember that they don't measure the same thing.

Rape in Saudi-Arabia is not the same as rape in Sweden or the US. For example in Sweden it is illegal to force your wife to have sex with you, in Saudi-Arabia it is not. In the US it is considered sexual assault/rape to have sex with someone below the age of consent, Saudi-Arabia has no age of consent (only a ban on sex outside marriage).

Also, technically speaking Saudi-Arabia has no legislated laws on rape due to how its court system work. Thus two "identical" cases might end up with one being considered rape, and the other one not.

Thus much legal sex in Saudi-Arabia would actually be considered rape in US/Sweden. If you want to compare the numbers you have to either remove the Swedish/American cases that are legal in Saudi-Arabia or add the Saudi-Arabian cases that would be illegal in the US/Sweden. Only after you have done that would you start considering underreporting and similar pitfalls.



(This, by the way, is typical of international crime statistics in general. There are no international standards for definitions of crimes, and countries report based on their own legal system. One should always be vary of this when comparing crime statistics.)

Are you from Israel, tame? Earlier you said there is a mandatory draft service for men in your country. FWIW I view Israeli's/Palestinians as folks whom have greatly contributed to the STEM field.

Tame even with the points you make, it seems highly unlikely women in SA are being raped in the sense that you suggest. You'r making assumption after assumption here. We were taking about the UAE, still I doubt it is a custom for men to rape women under the notion of "normal sex" as you put it. Tame sodomy is viewed as a sin by many Saudis, how is it if they believe sodomy is a sin, that a Saudi man would then force himself onto another person? It just doesn't make any sense.

Yes, rape is different here in the USA compared to Saudi Arabia. In the USA we see cases of drug/alcohol related rape. We don't see this is S.A, I would also argue that due to their Islamic beliefs, more S.A men lack the mental disability to rape another person.

Quote:
Originally Posted by BluffsOften
Quoting for answer.
I answered the question about extramarital sex(although I would like 100% confirmation from stated UAE law ) As of now, I'm waiting for you to show me the law on the books in UAE wrt reporting rape, w/e emirate it may be. If you can do this seemingly simple task, then I will be inspired to give you an answer.

Last edited by thekid345; 12-16-2013 at 11:38 AM.
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12-16-2013 , 11:38 AM
No, no.

You didn't answer the question. You posted irrelevant things that we've already agreed upon.

Here it is again:

Now let's suppose that a woman has made the claim that she was raped, but is unable to prove that the act was non-consensual.

Hasn't she effectively confessed to a crime?

The crime is not "reporting rape". The crime is not being raped. The crime is extramarital sex.
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12-16-2013 , 11:47 AM
Quote:
Originally Posted by Bladesman87
No, no.

You didn't answer the question. You posted irrelevant things that we've already agreed upon.

Here it is again:

Now let's suppose that a woman has made the claim that she was raped, but is unable to prove that the act was non-consensual.

Hasn't she effectively confessed to a crime?

The crime is not "reporting rape". The crime is not being raped. The crime is extramarital sex.

Ok I fully understand the concern you have. I'm not mentally disabled but now your starting to frustrate me. I have made the decision that I will need to see the laws of UAE to go any further with you. Its not a good bet to just guess what is going in on the UAE.

In related factual news, In 2013, the Norway-based Global Network for Rights and Development (GNRD) released its annual International Human Rights Indicator (IHRRI) report that ranks the United Arab Emirates first among Arab countries and 14th globally for respecting human rights. The next Arab country on the list, Tunisia, was ranked at 72. The UAE was also ranked six spots ahead of the United States which was placed 20th overall. To acquire its 14th position, the UAE fared well across 21 individual categories, performing best in the education category with a 94 per cent finish for ensuring top education for all children.

http://ihrri.com/contry.php

Last edited by thekid345; 12-16-2013 at 11:59 AM.
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12-16-2013 , 11:53 AM
Now, you see this is the problem: you already agreed to the premise that extramarital sex is illegal.

Quote:
With specific regards to sex outside of marriage, if any person has sex with another outside of marriage, then this would presumably be breaking the law in U.A.E.
You don't get to retract now just because it leads to a conclusion you don't like.

I haven't yet made any guesses as to anything. I'm asking a question based on legal grounds we both agreed upon up until it got inconvenient to you.
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12-16-2013 , 12:15 PM
Quote:
Originally Posted by Bladesman87
Now, you see this is the problem: you already agreed to the premise that extramarital sex is illegal.



You don't get to retract now just because it leads to a conclusion you don't like.

I haven't yet made any guesses as to anything. I'm asking a question based on legal grounds we both agreed upon up until it got inconvenient to you.
I can agree there have been cases of a person being sentenced to 6 months in jail for making false allegations(according to the UAE, not me). In these cases where is the subject of extramarital sex brought up, Can you show me?

How can the UAE be ranked 14th globally for respecting human rights. Ahead of Germany, France, and the USA While at the same time having a serious issue regarding rape?
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12-16-2013 , 12:28 PM
No, we're not talking about false allegations, France, or Germany.

We're talking about specifically what I asked about.

It is not in contention that extramarital sex is illegal. And so you can answer the question:

If a woman accuses a man of rape, but is unable to prove that the act was non-consensual, hasn't she effectively confessed to the crime of extramarital sex?

We don't need cases. This is just a question based on what we've both agreed is the law in UAE.
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12-16-2013 , 07:41 PM
Quote:
Originally Posted by Bladesman87

If a woman accuses a man of rape, but is unable to prove that the act was non-consensual, hasn't she effectively confessed to the crime of extramarital sex?

We don't need cases. This is just a question based on what we've both agreed is the law in UAE.


Quote:
Originally Posted by thekid345
With specific regards to sex outside of marriage, if any person has sex with another outside of marriage, then this would presumably be breaking the law in U.A.E.



IMO it depends on what the details are, and what conclusions the presiding judge comes too. As much as you want to hear an answer, I simply don't have enough information to provide you with an adequate answer.

Part of the argument you present consists mainly of assumptions w/o knowing the law, and without understanding human rights reports. Anyone with common sense would ask themselves, how can a country be ranked ahead of another in terms of human rights, yet somehow it could still be more dangerous for a person to live in.
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12-16-2013 , 07:59 PM
Here is an interesting report from UAE in 2007.

http://news.bbc.co.uk/2/hi/middle_east/7140317.stm

The germane part of the story is the tack taken by the defence.

Quote:
The defence had claimed the victim had consented to sex and had lied to the authorities.
In many rape cases the defence's argument hinges on incriminating the other party by claiming that sex was consensual. Herein lies the problem that Blade has pointed out. When one comes forward claiming a rape has taken place they actually endanger their own future freedom.

The victim in this story clearly thought his future freedom was in jeopardy:

Quote:
Her son testified during the trial, after having initially fled Dubai fearing he would be prosecuted for homosexuality, a crime in the Emirates.
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12-16-2013 , 08:20 PM
Quote:
Originally Posted by LEMONZEST
Here is an interesting report from UAE in 2007.

http://news.bbc.co.uk/2/hi/middle_east/7140317.stm

The germane part of the story is the tack taken by the defence.



In many rape cases the defence's argument hinges on incriminating the other party by claiming that sex was consensual. Herein lies the problem that Blade has pointed out. When one comes forward claiming a rape has taken place they actually endanger their own future freedom.

The victim in this story clearly thought his future freedom was in jeopardy:
Edit: Things have changed since 2007. Why ignore the fact that the UAE scored 14th on a non bias international human rights report?


From a Muslim(female) human rights activist in Pakistan,


If you search the internet regarding the Islamic perspective on the issue of rape, unfortunately you will come across thousands of hate sites that are bent on criticising Islam. There are only a few forums that present the correct understanding of this much-exploited trauma-turned-melodrama.

As a related note, For adultery, if someone refutes a woman’s claim of innocence, the onus falls on that person to provide four witnesses. The woman can also deny the claim by taking a solemn oath and clearing her name in public. She does not need even one witness to prove that she has been raped. Nowhere in the entire Quran or the ahadith has it been mentioned that a rape victim requires four witnesses.

http://blogs.tribune.com.pk/story/94...s-requirement/

Last edited by thekid345; 12-16-2013 at 08:30 PM.
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12-16-2013 , 08:25 PM
The source he used was the BBC.
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12-16-2013 , 08:26 PM
Quote:
Originally Posted by thekid345
IMO it depends on what the details are, and what conclusions the presiding judge comes too. As much as you want to hear an answer, I simply don't have enough information to provide you with an adequate answer.

Part of the argument you present consists mainly of assumptions w/o knowing the law, and without understanding human rights reports. Anyone with common sense would ask themselves, how can a country be ranked ahead of another in terms of human rights, yet somehow it could still be more dangerous for a person to live in.
I specifically asked you if extramarital sex was legal and you agreed.

It took us fifty posts to get to that point, but you did.

We're not now reverting back to a previous argument that was settled.
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12-16-2013 , 08:33 PM
The story I referenced above is published by the BBC which IMO is one of the most reliable news sources around. The BBC is not melodramatic or a hate group.

The story and my comments are not a direct criticism of Islam. The story is a real world example of how the legal system in the UAE can potentially impede justice.
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12-16-2013 , 08:54 PM
Quote:
Originally Posted by LEMONZEST
The story I referenced above is published by the BBC which IMO is one of the most reliable news sources around. The BBC is not melodramatic or a hate group.

The story and my comments are not a direct criticism of Islam. The story is a real world example of how the legal system in the UAE can potentially impede justice.

Is there a legal system in the world that is not prone to impeding justice?

I agree that the BBC is not a hate group, if I thought otherwise I would inform you. I was supporting what the Muslim woman in Pakistan points out.

For instance,

The Islamic response to rape is not just confined to criminal prosecution. Islamic jurisprudence also provides an avenue for civil redress for a rape survivor in its ‘law of jirah’ (wounds) whereby the state has to provide compensation to the victim. Hence, Islam is completely logical, clear and rational in dealing with rape and there is no place for claims like the requirement of four witnesses to prove the crime. We should enlighten ourselves and others around us on this issue to avoid ambiguities and false interpretations of such sensitive issue like religion

So I would like proof that hoodud policies are being enforced in the UAE

Last edited by thekid345; 12-16-2013 at 09:01 PM.
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12-16-2013 , 09:05 PM
Quote:
Originally Posted by LEMONZEST
Here is an interesting report from UAE in 2007.

http://news.bbc.co.uk/2/hi/middle_east/7140317.stm




From the source you listed,


A court in Dubai, in the UAE, has jailed two men for 15 years for the abduction and sexual assault of a 15-year-old French-Swiss boy.


Did you want a more harsh punishment?

So the defense alleged that the victim agreed to consensual sex, big deal, this is usually the defense of rape cases all around the world.
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