Qur'an, Hadith and Scholars:Sexuality: Difference between revisions

Qur'an, Hadith and Scholars:Sexuality (view source)

Revision as of 21:46, 28 January 2016

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Poor word choice was used in describing the relationship between victors and captives of war. I also deleted a section quran 4:24 was misquoted.

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Sulaiman

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 ==Rape==
 {{Main|Qur'an, Hadith and Scholars:Rape}}
-===Men can rape female slaves and captives===
+===Men can have sexual intercourse with female slaves and captives===
 {{Quote|{{Quran|23|6}}| Those who humble themselves in their prayers; Who avoid vain talk; Who are active in deeds of charity; Who abstain from sex, Except with those joined to them in the marriage bond, '''or (the captives) whom their right hands possess,'''- for (in their case) they are free from blame.}}
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 {{Quote|{{Quran|4|24}}|Also (forbidden are) women already married, '''except those whom your right hands possess'''. Thus has Allah ordained for you. All others are lawful, provided you seek them from your property, desiring chastity, not fornication. So with those among them whom you have enjoyed, give them their required due, but if you agree mutually after the requirement (has been determined), there is no sin on you. Surely, Allah is Ever All-Knowing, All-Wise.}}
-===Men can rape female captives in front of their husbands===
+===Men cannot rape female slaves and captives===
-{{Quote|{{Abu Dawud|2|2150}}| Abu Said al-Khudri said: "The apostle of Allah sent a military expedition to Awtas on the occasion of the battle of Hunain. They met their enemy and fought with them. They defeated them and took them captives. '''Some of the Companions of the apostle of Allah were reluctant to have intercourse with the female captives''' in the presence of their husbands who were unbelievers. So Allah, the Exalted, sent down the Quranic verse, "'''And all married women (are forbidden) unto you save those (captives) whom your right hands possess'''". That is to say, they are lawful for them when they complete their waiting period." [The Quran verse is 4:24]}}
+It is a unanimous decision by scholars that it is unlawful for men to rape or maltreat their female captives:
+{{Quote|{{Imam Maalik, Al-Muwatta', Volume 2, page 734}}|In our view the man who rapes a woman, regardless of whether she is a virgin or not, if she is a free woman he must pay a "dowry" like that of her peers, and if she is a slave he must pay whatever has been detracted from her value. The punishment is to be carried out on the rapist and there is no punishment for the woman who has been raped, whatever the case.
-{{Quote|{{Muslim|8|3432}}|Abu Sa'id al-Khudri reported that at the Battle of Hunain Allah's Messenger sent an army to Autas and encountered the enemy and fought with them. Having overcome them and taken them captives, '''the Companions of Allah's Messenger seemed to refrain from having intercourse with captive women because of their husbands''' being polytheists. Then Allah, Most High, sent down regarding that:" '''And women already married, except those whom your right hands possess''' (Quran 4:. 24)" (i. e. they were lawful for them when their 'Idda period came to an end).}}
+{{Quote|{{Imam Al Shaafi'i, Kitaabul Umm, Volume 3, page 253}}|"If a man acquires by force a slave-girl, then has sexual intercourse with her after he acquires her by force, and if he is not excused by ignorance, then the slave-girl will be taken from him, he is required to pay the fine, and he will receive the punishment for illegal sexual intercourse."
+{{Quote|{{Sunan Al Bayhaqi, Volume 2, page 363, Hadith no. 18685}}|Abu al-Hussain bin al-Fadhl al-Qatan narrated from Abdullah bin Jaffar bin Darestweh from Yaqub bin Sufyan from al-Hassab bin Rabee from Abdullah bin al-Mubarak from Kahmas from Harun bin Al-Asam who said: Umar bin al-Khatab may Allah be pleased with him sent Khalid bin al-Walid in an army, hence Khalid sent Dharar bin al-Auwzwar in a squadron and they invaded a district belonging to the tribe of Bani Asad. They then captured a pretty bride, Dharar liked her hence he asked his companions to grant her to him and they did so. He then had sexual intercourse with her, when he completed his mission he felt guilty, and went to Khalid and told him about what he did. Khalid said: 'I permit you and made it lawful to you.' He said: 'No not until you write a message to Umar'. (Then they sent a message to Umar) and Umar answered that he (Dharar) should be stoned. By the time Umar's message was delivered, Dharar was dead. (Khalid) said: 'Allah didn't want to disgrace Dharar'.
+Notice that Umar ibn Al Khattab (the second caliph) ordered the man who captured the slave girl and had sex with her to be stoned for this crime, for he took the slave girl unjustly.
 ==Al-'Azl (coitus interruptus)==