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Rape in Islamic Law: Difference between revisions
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The Messenger of Allah (ﷺ) was asked about a man who divorced his wife three times, and she married another who entered upon her, but divorced her before having intercourse with her, whether she was lawful for the former husband. She said: The Prophet (ﷺ) replied: She is not lawful for the first (husband) until she tastes the honey of the other husband and he tastes her honey. }} | The Messenger of Allah (ﷺ) was asked about a man who divorced his wife three times, and she married another who entered upon her, but divorced her before having intercourse with her, whether she was lawful for the former husband. She said: The Prophet (ﷺ) replied: She is not lawful for the first (husband) until she tastes the honey of the other husband and he tastes her honey. }} | ||
== | ==Legal punishments for rape== | ||
{{Quote|1= | {{Quote|1= | ||
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The mention of paying the depreciation in her value implies that as with the other hadiths, this concerns only slaves owned by someone else rather than by the rapist. | The mention of paying the depreciation in her value implies that as with the other hadiths, this concerns only slaves owned by someone else rather than by the rapist. | ||
==Limitations on | ==Limitations on rape of slaves by masters== | ||
===Muhammad Forbids Intercourse with Female Captives Until they have Completed their Iddah or Given Birth if Pregnant=== | ===Muhammad Forbids Intercourse with Female Captives Until they have Completed their Iddah or Given Birth if Pregnant=== | ||
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Shafi‘i's treatment of the issue is slightly different. Speaking of grown-up Zoroastrian or polytheist women taken into captivity, he maintains that no sexual relations with them are allowed before they embrace Islam without bringing up the question of converting them forcibly. If the female captives are minor but were taken captive with at least one of their parents, the ruling is the same. If, however, the girl was captured without her parents, or one of her parents embraced Islam, she is considered a Muslim and is coerced into embracing it (''nahkumu lahā bihukm al-Islām wa nujbiruhā ‘alayhi''). Once this happens, sexual relations with her are lawful.}} | Shafi‘i's treatment of the issue is slightly different. Speaking of grown-up Zoroastrian or polytheist women taken into captivity, he maintains that no sexual relations with them are allowed before they embrace Islam without bringing up the question of converting them forcibly. If the female captives are minor but were taken captive with at least one of their parents, the ruling is the same. If, however, the girl was captured without her parents, or one of her parents embraced Islam, she is considered a Muslim and is coerced into embracing it (''nahkumu lahā bihukm al-Islām wa nujbiruhā ‘alayhi''). Once this happens, sexual relations with her are lawful.}} | ||
==Muhammad's | ==Muhammad's female slaves== | ||
This practice of raping war captives was practiced by Muhammad, according to Islamic scriptures. On two occasions, he married and raped war captives [[Safiyah]] and [[Qur'an, Hadith and Scholars:Muhammads Wives and Concubines#Juwairiya|Juwairiyah]]. | This practice of raping war captives was practiced by Muhammad, according to Islamic scriptures. On two occasions, he married and raped war captives [[Safiyah]] and [[Qur'an, Hadith and Scholars:Muhammads Wives and Concubines#Juwairiya|Juwairiyah]]. | ||
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{{Quote|{{Bukhari|3|46|717}}|Narrated Ibn Aun: I wrote a letter to Nafi and Nafi wrote in reply to my letter that the Prophet had suddenly attacked Bani Mustaliq without warning while they were heedless and their cattle were being watered at the places of water. Their fighting men were killed and their women and children were taken as captives; the Prophet got Juwairiya on that day. Nafi said that Ibn 'Umar had told him the above narration and that Ibn 'Umar was in that army.}} | {{Quote|{{Bukhari|3|46|717}}|Narrated Ibn Aun: I wrote a letter to Nafi and Nafi wrote in reply to my letter that the Prophet had suddenly attacked Bani Mustaliq without warning while they were heedless and their cattle were being watered at the places of water. Their fighting men were killed and their women and children were taken as captives; the Prophet got Juwairiya on that day. Nafi said that Ibn 'Umar had told him the above narration and that Ibn 'Umar was in that army.}} | ||
== | ==Modern perspectives and criticisms thereof== | ||
===Quotes from Shafi'i and Malik=== | ===Quotes from Shafi'i and Malik=== | ||