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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 | 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: | ||
The Prophet (ﷺ) decided regarding one who was treated as a member of a family after the death of his father, to whom he was attributed when the heirs said he was one of them, that if he was the child of a slave-woman whom the father owned when he had intercourse with her, he was included among those who sought his inclusion, but received none of the inheritance which was previously divided; he, however, received his portion of the inheritance which had not already been divided; but if the father to whom he was attributed had disowned him, he was not joined to the heirs. | The Prophet (ﷺ) decided regarding one who was treated as a member of a family after the death of his father, to whom he was attributed when the heirs said he was one of them, '''that if he was the child of a slave-woman whom the father owned when he had intercourse with her''', he was included among those who sought his inclusion, but received none of the inheritance which was previously divided; he, however, received his portion of the inheritance which had not already been divided; but if the father to whom he was attributed had disowned him, he was not joined to the heirs. | ||
'''If he was a child of a slave-woman whom the father did not possess or of a free woman with whom he had illicit intercourse''', he was not joined to the heirs and did not inherit even if the one to whom he was attributed is the one who claimed paternity, '''since he was a child of fornication whether his mother was free or a slave.''' }} | '''If he was a child of a slave-woman whom the father did not possess or of a free woman with whom he had illicit intercourse''', he was not joined to the heirs and did not inherit even if the one to whom he was attributed is the one who claimed paternity, '''since he was a child of fornication whether his mother was free or a slave.''' }} | ||
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===Intercourse with Polytheist Slave Women Forbidden by Scholars=== | ===Intercourse with Polytheist Slave Women Forbidden by Scholars=== | ||
While Muhammad's men | 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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Further, it is well established that a slave who is impregnated by her master to whom she is not married becomes an Umm Walad and remains a slave during his lifetime unless he frees her. | Further, it is well established that a slave who is impregnated by her master to whom she is not married becomes an Umm Walad and remains a slave during his lifetime unless he frees her. | ||
In the following hadith, Muhammad has no objections to a man who has intercourse with his slave-girl to | In the following hadith, Muhammad has no objections to a man who has intercourse with his slave-girl to whom he is not married: | ||
{{Quote|{{Muslim|8|3377}}| Abu Sa'id al-Khudri (Allah be pleased with him) reported that mention was made of 'azl in the presence of Allah's Apostle (ﷺ) whereupon he said: | {{Quote|{{Muslim|8|3377}}| Abu Sa'id al-Khudri (Allah be pleased with him) reported that mention was made of 'azl in the presence of Allah's Apostle (ﷺ) whereupon he said: | ||