Rape in Islamic Law: Difference between revisions

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===Ali rapes an underage ward of the state===
===Ali rapes an underage ward of the state===


This hadith concerns an incident which led up to the famous event of Ghadir Khumm, which is much disputed between Sunnis and Shias. Both Sunni and Shia sources agree that Muhammad received complaints about 'Ali taking a slave-girl from the ''Khums'' (the fifth of all booty allotted for the state<ref>{{Quran|8|41}}</ref>) to which those complaining felt that no private party was entitled. The Arabic of the Sunni hadith below mentions 'Ali taking a Ghusl bath (which is mandatory after sexual contact or ejaculation), implying sexual activity. Later, at a place called Ghabir Khumm, Muhammad tried to pacify those who were upset with 'Ali by declaring Ali to be his ''Mawla''. ''Mawla'' is an honorific meaning something between "follower", "ally", and "leader", which the Shia interpret to mean "successor of Muhammad". Thus, for the Shia, in some sense, the immediate cause of the announcement of Ali's succession is his having raped an underage captive.
This hadith concerns an incident which led up to the famous event of Ghadir Khumm, which is much disputed between Sunnis and Shias. Both Sunni and Shia sources agree that Muhammad received complaints about 'Ali taking a slave-girl from the ''Khums'' (the fifth of all booty allotted for the state<ref>{{Quran|8|41}}</ref>) to which those complaining felt that no private party was entitled.
 
The Arabic of the Sunni hadith below mentions 'Ali taking a Ghusl bath (which is mandatory after sexual contact or ejaculation), implying sexual activity. Later, at a place called Ghadir Khumm, Muhammad tried to pacify those who were upset with 'Ali by declaring Ali to be his ''Mawla''. ''Mawla'' is an honorific meaning something between "follower", "ally", and "leader", which the Shia interpret to mean "successor of Muhammad". Thus, in some sense, Ali's having raped an underage captive becomes the immediate cause of what the Shi'a insist was the the announcement of Ali's succession. The emergent Sunni polemic here casts some doubt on the historical reliability of the hadith, yet, as a hadith included in Sahih Bukhari, it more than meets the Sunni requirements for authenticity.


{{Quote|{{Bukhari|5|59|637}}|Narrated Buraida:
{{Quote|{{Bukhari|5|59|637}}|Narrated Buraida:
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