Relationship with mutual consent cannot be termed rape: SC

[Mentee]

It is still rape since it was done by fraud.

Nope it comes into the ambit of zina/adultery /fornication depending upon the circumstances and both sides gonna be held accountable if rape is not proven

 

[Foxtrot Delta]

Techinically correct.

 

[Proudpakistaniguy]

Does Pakistan law recognise martial rape ?

 

[airmarshal]

which court declares ''false marriage promise'' as fraud and prosecutes for it, what BS is this. In the western countries the couples dont date because of ''fake marriage promises'' no promises are made as im aware of esp in the west, dating can go on for as long as ten years even for life time with female expecting marriage proposal from the guy, finally if a party decides that dating has been going on for far too loing with no marriage in sight, call it quits.

regards

The institution of marriage is almost finished in west. Pakistani liberals too want the same thing in Pakistan.

In Islam, having extra marital affair is a punishable offense. Just bring this argument in the public forum. and see how this candlelight mafia, these liberal fascists, feminist vigilantes and woman rights activists come out of their holes.

When both the partners accepted having illicit relations, the Supreme Court should have registered a case against these two and sent to trial court. Letting them go seems strange when we proclaim our laws and constitution is under the law of Quran and sunnah.

Does Pakistan law recognise martial rape ?

Nikah and rape are mutually exclusive.

We learn new phrases and terms from western discourses on a subject and blindly start putting them in our Islamic context.

Nikah is a marriage contract signed by consenting parties. The man is supposed to be provider and protector and in exchange the woman agrees to be the consenting partner. All of this sounds very primitive to the 'liberal' mind but the liberal view is actually pre historic and reduces human to a man, an animal of its desires.

 

[Proudpakistaniguy]

Nikah and rape are mutually exclusive.

We learn new phrases and terms from western discourses on a subject and blindly start putting them in our Islamic context.

Nikah is a marriage contract signed by consenting parties. The man is supposed to be provider and protector and in exchange the woman agrees to be the consenting partner. All of this sounds very primitive to the 'liberal' mind but the liberal view is actually pre historic and reduces human to a man, an animal of its desires.

I dont think you got the question

Martial Rape: you do sexual relationship with your wife against her will i.e forced sex

My question was

Is Pakistani law recognise such things ? Yea i know sexual relationship with your wife is permissible after nikkah but here question is about forced sex

 

[Thorough Pro]

The judge should be spanked and dismissed immediately. Both parties confessed to Zina, they should be awarded 100 lashes each.

DAILY TIMES

Your right to know Saturday, October 19, 2019

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Relationship with mutual consent cannot be termed rape: SC

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Agencies

OCTOBER 19, 2019

ISLAMABAD: The Supreme Court on Friday rejected a plea against the dismissal of bail of a rape suspect.


Chief Justice Asif Saeed Khosa remarked that the victim stayed in a physical relationship with the suspect, Junaid Afzal, for a year, but the registered case against him when he refused to marry her.


Afzal had promised to marry Ghazala Naureen. They both remained in a relationship for a year. When Naureen told Afzal to marry her, he refused on which she filed a rape case against him.

The case was being presided over by a three-member bench of the Supreme Court (SC) headed by Chief Justice Asif Saeed Khosa.


During the hearing, the counsel for the petitioner said that his client, Ghazala Noureen, was raped for over a period of a year by Afzal on the pretext that he would marry her.

At this, Chief Justice said that whatever happened between the two was with mutual consent between two adults. The applicant had confessed to having physical relation with suspect, he said adding, she could face stern action if it was brought under consideration.


Chief justice remarked that both remained in a relationship for a year, but when her partner refused to marry, Noureen registered a rape case against him. Justice Tariq Saeed remarked why the trial court did not take action against the applicant over her confessional statement.

Following this, the counsel pleaded the court that he was ready to withdraw petition if the court permitted to which chief justice remarked; “make your client understand the complexity of the case. She would have to face the music herself.”

Earlier, Junaid Afzal was released on bail by Islamabad High Court (IHC)
https://dailytimes.com.pk/485860/relationship-with-mutual-consent-cannot-be-termed-rape-sc/

 

[Zibago]

I dont think you got the question

Martial Rape: you do sexual relationship with your wife against her will i.e forced sex

My question was

Is Pakistani law recognise such things ? Yea i know sexual relationship with your wife is permissible after nikkah but here question is about forced sex

Nope there is no concept of Marital rape in our laws

 

[SQ8]

The judge should be spanked and dismissed immediately. Both parties confessed to Zina, they should be awarded 100 lashes each.

The context of case matters and the judge doesn’t initiate complaints. It is public prosecutor that does so.
Zina is now as common in Pakistan as drinking coffee(and has been to an extent, just not out in the open as such).
Will you lash half of the urban population and 10% of the rural one?

 

[Verve]

The applicant had confessed to having physical relation with suspect, he said adding, she could face stern action if it was brought under consideration.

Where is that 'stern action' then? Why half arsed application of law ... 2 adults admitted to physical relations in the highest court so apply the damn law fully to both.

 

[W.11]

Zina is now as common in Pakistan as drinking coffee.
Will you lash half of the urban population

half of urban population makes zina, where are your stats coming from? hira mandi?

regards

 

[Zibago]

The context of case matters and the judge doesn’t initiate complaints. It is public prosecutor that does so.
Zina is now as common in Pakistan as drinking coffee(and has been to an extent, just not out in the open as such).
Will you lash half of the urban population and 10% of the rural one?

Well police ignores it they routinely tell us stories of catching people in the cars getting it on while driving or in parkings :-//
They most of the times just tell them to buzz off

 

[LeGenD]

Rest of the world it considered rape, but in Pakistan courts even releases accused denying DNA reports.

These matters are not so cut and dry - a case should be reviewed from all possible angles and a verdict should be awarded on merit.

A woman should not be allowed to ruin the life of a man with 'accusations' of sexual harassment and/or rape if a relationship between them does not turn out to be in woman's favor or the way she wanted it. She should not be allowed to cry wolf and get away with it since her senses were intact throughout.

Scientifically there is no way to prove exactly who is virgin and who isnt.Some girls by birth dont have hymens.Not all girls bleed on the first wedding night.

Now this is a stereotype as well.

Virginity is not difficult to figure out if you know a thing or two about a woman's biology. Yes, bleeding is not a solid criteria but it make assessment easier.

 

[airmarshal]

I dont think you got the question

Martial Rape: you do sexual relationship with your wife against her will i.e forced sex

My question was

Is Pakistani law recognise such things ? Yea i know sexual relationship with your wife is permissible after nikkah but here question is about forced sex

There is no forced sex in nikah. What are you talking about! Please read translation of surah buqrah and nisa.

The woman gives consent by signing nikah. She cant refuse. Thats Allah's will not mine.

 

[Saddam Hussein]

relationships are wrong and dating should be limited to verbal talk, all other behavior must be dealt with by the great mutawa'een

 

[HannibalBarca]

relationships are wrong and dating should be limited to verbal talk, all other behavior must be dealt with by the great mutawa'een

A watcher... I see.