When rape is caught or reported, "sex between a man and woman not married to each other" can be proven by testimony, physical evidences of bodily scars/bruises, torn clothing or pregnancy of the victim. Then the Sharia laws are enforced.
Sharia Law: The rapist will be punished to death if force on the victim is proven.[9]
Clear enough. But exactly how can "force on the victim" be proven? The answer must surely rank as one of the most insane and sexist laws in human history.
(A) "Proof of Zina (adultery) or Zina Bil-Jabr (rape) liable to Hadd shall be one of the following:
(a) The accused makes confession or
(b) There are at least four Muslim adult male witnesses"[10]
(B) "Proof of adultery or rape liable to Hadd shall be one of the following:
(a) The accused makes confession, or
(b) There are at least four Muslim adult male witnesses."[11]
(C) "Punishment will take place when Zina or rape have been proved by witness."[12]
(D) Sharia Law rejects the witness of women in Hudood cases.[13]
(E) "The evidence of women is originally inadmissible on account of their weakness of understanding, want of memory and incapacity of governing."[14]
Because such "proofs" are almost impossible to obtain and because circumstantial evidence is not accepted, a rape cannot be proved as rape in a Sharia court. Instead, "sex outside marriage" is proved for the woman by her complaint or physical scars or torn cloths or pregnancy etc. Then the law of "Punishment for Sex Outside Marriage" i.e. stoning to death for married adulterers and flogging and exile for unmarried adulterers are applied to the rape-victims.[15] On the other hand, a rapist has simply to deny the crime and go scott free. As the New York Times reports: "Ms. Lawal, a divorced woman, identified a man as the father of her child. The man denied the charge, swore on the Koran, and was deemed innocent by the trial court. No one suggested DNA tests."[16]
But DNA tests have no place in Hudood Laws either. The BBC reported that Zafran Bibi of Pakistan "went to the police to register a case of rape, but she herself was instead sentenced to death for having an adulterous affair."[17] About conducting a DNA test to identify the rapist, the Dawn reports: "Justice Ali Nawaz Chauhan of the Lahore High Court has observed that the DNA test is not acceptable as evidence to establish the offence of Zina under the Hudood laws which require a direct testimony in such cases.."[18]
You can read all about it here: http://www.aina.org/news/20081117111817.htm
Couldn’t they have four adult Muslim men perform DNA testing. Actually, under the “rules” of “evidence” any one individual, Muslim or not, could perform the testing and then show the result to four Muslim men. Have the four Muslim men testify to what they were told. Apparently, the Prophet - may his tribe increase! - does not forbid hearsay testimony.