Rape in Islamic Law: Difference between revisions

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===Muhammad Did not Consider Intercourse Between a Master and his Slave to be Zina (Adultery)===
===Muhammad Did not Consider Intercourse Between a Master and his Slave to be Zina (Adultery)===


As noted in a later section below, punishments for rape applied only to free women and slaves not owned by the perpetrator. Similarly, zina (fornication or adultery) only applied to intercourse with women in those two groups, but not to intercourse with one's own slave women according to Muhammad in this hadith graded Hasan by al-Albani:
As noted in a later section below, punishments for rape applied only to a man who rapes a free women or a slave he does not own. Similarly, zina (fornication or adultery) only applied to intercourse with women in those two groups, but not to intercourse with a man's own slave women according to Muhammad in this hadith graded Hasan by al-Albani:


{{Quote|{{Abudawud|12|2258}}| 'Amr b. Shu'aib on his father's authority said that his grandfather reported:
{{Quote|{{Abudawud|12|2258}}| 'Amr b. Shu'aib on his father's authority said that his grandfather reported:
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===Intercourse with Polytheist Slave Women Forbidden by Scholars===
===Intercourse with Polytheist Slave Women Forbidden by Scholars===


While Muhammad's men clearly had intercourse with polytheist slave women as evidenced by the hadiths quoted in the sections above, most scholars ruled that this was later forbidden by {{Quran|2|221}} (which forbids marriage to polytheist women, but scholars inferred that it also applied to slaves). Intercourse with Muslim, Christian or Jewish slaves was not affected by this restriction.<ref>[http://www.islamweb.net/emainpage/index.php?page=showfatwa&Option=FatwaId&Id=272452 Ruling on sexual intercourse with one's polytheistic slave-woman - IslamWeb.net Fawah 272452]</ref>
While Muhammad's men seem to have had intercourse with captive polytheist women whom they had captured during the expedition to Awtas/Autas (see hadiths quoted above), most scholars ruled that this was later forbidden by {{Quran|2|221}} (which forbids marriage to polytheist women, but scholars inferred that this also applied to intercourse with slaves). Intercourse with Muslim, Christian or Jewish slaves was not affected by this restriction.<ref>[http://www.islamweb.net/emainpage/index.php?page=showfatwa&Option=FatwaId&Id=272452 Ruling on sexual intercourse with one's polytheistic slave-woman - IslamWeb.net Fawah 272452]</ref>


==Muhammad's Slave Women and Qur'an 33:50==
==Muhammad's Slave Women and Qur'an 33:50==
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