In case of sexual crimes like fornication, a woman can be found guilty easily as she may become pregnant, while it becomes difficult for the prosecution of males, as Islam asks for four witnesses to file a case for fornication. Some scholars don't differentiate between rape and adultery while still others do; however, there is a consensus that in the former offence the victim is not prosecuted. This creates more complications as the woman cannot file a case without having four witnesses (even for rape cases). Most scholars, however, agree that rape cannot be treated as adultery and ask for harsher punishments of hiraba or disorder in the land, as mentioned in verses 5:33-34, which do not require four witnesses to register the case.
