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Question
I wanted to know the opinion of Shariah about this condition a girl she was raped by a man the girl wanted to the police where she was referred to the medical center to do complete examination to her where they found signs of bad handling and force on her body in addition to the semen of the man who raped the girl in her vagina, and then was referred to the court where the jury refused the case and said since there was no 4 witnesses then this case is not accepted. I know Islam is religion of every time then why they do not accept such new modalities and evidences in the investigations. Did Islam stopped before 1400 years and never progress never uses or accept new thing. At the end would you think that people will continue to go to the Islamic court instead of the (usual) court in which in the later they would find there rights and not in the Islamic one which is still living in the time of Prophet (Sallallahu Alaihi wa Sallam).
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
Confirming rape needs evidence and its evidence in the Sharee'ah is four witnesses who should testify that they have seen clearly and undoubtedly the male sexual organ in the female sexual organ. All this is in order to protect the honour and dignity of the people.
The fact that the semen traces of a given man were found in the vagina of a woman does not necessarily mean that this man had raped that woman or even had had sex with her. There might have been lesser contacts that might have resulted in some sort of ejaculation somewhere on the clothes far away from the vagina. But the woman might have taken some of the semen of that man and introduced it into her vagina and harmed her body in order to make a case for accusing him of rape.
Since Islam punishes the fornicator with one hundred lashes and the adulterer with stoning to death, and both of which are important (severe) penalties, then it is among the wisdom of the Sharee'ah to make very strict conditions for proving Zina (fornication or adultery) as to avoid inflicting such a heavy punishment on an innocent person; so, it can not rely on a probable evidence which gives way to doubts.
On the other hand, it is the Muslim judge who decides on the type of punishment to inflict on someone who practices sexual harassment or similar unlawful acts, in a way to deter him and prevent his harm.
Islam is a flexible and modern religion whose rules are good for all times and places, no matter how the circumstances change and developments take place.
Any judgement should be passed according to Allaah's Verdicts and those of His Prophet, . Allaah Says (what means): {The decision is only for Allaah.} [Quran 6:57] Therefore, it is forbidden to seek judgement from any court that does not follow the Rulings of Allaah. Allaah Says (what means): {Then is it the judgement of [the time of] ignorance they desire? But who is better than Allaah in judgement for a people who are certain [in faith]..} [Quran 5:50]
Indeed, absolute justice is only in the Judgement of Allaah. It brings happiness, equity and right of each and every person. In fact, judging by Allaah's Laws can never cause the loss of the right of any person, in his own self, his property or his honor.
Also, it is unlawful to attribute the mistakes that some judges in Islamic courts may commit to the Islamic Sharee'ah.
On the other hand, the courts that judge according to man-made laws can not judge among the people with justice, because anything that is not in conformity with the Sharee'ah of Allaah is not justice, and because these laws result from the limited minds of the people who can only perceive that which is in their scope. While the Laws of Allaah are from Allaah, The All-Knower, The All-Wise, The Creator Whose Words falsehood cannot approach from before it or from behind it as it is a revelation from a Lord Who is Wise and Praiseworthy.
Allaah Says (what means): {Falsehood cannot approach it from before it or from behind it; [it is] a revelation from a [Lord who is] Wise and Praiseworthy.} [Quran 41:42]
Therefore, all the good and all justice is for the people to judge with Allaah's Laws in all their matters, and when they do so, it is evidence of true faith.
Allaah Says (what means): {But no, by your Lord, they will not [truly] believe until they make you, [O Muhammad ], judge concerning that over which they dispute among themselves and then find within themselves no discomfort from what you have judged and submit in [full, willing] submission.} [Quran 4:65]
Allaah Knows best.
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