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Rape in Islamic Law: Difference between revisions
→Rape in the Hadiths
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Scenes of Muhammad's companions engaging in sexual activity with slaves and captives are common throughout hadith literature. While the female perspective is largely absent, leaving the reader to speculate as to whether the female slave or captive would have been receptive to the advances of Muhammad's companions, it is fair to assume that in at least some (if not most or indeed all) of these cases, the sexual activity occurred without the female's consent and thus qualified as rape. This is particularly clear in the examples that follow where Muhammad's companions initiate sexual contact with the captive women shortly after having slayed their sons, husbands, fathers, and brothers. At the very least, it can be said that in no case does Muhammad intervene in and that in all cases he actively permits what, by all appearances, is an instance of his companion's raping a captive or slave. | Scenes of Muhammad's companions engaging in sexual activity with slaves and captives are common throughout hadith literature. While the female perspective is largely absent, leaving the reader to speculate as to whether the female slave or captive would have been receptive to the advances of Muhammad's companions, it is fair to assume that in at least some (if not most or indeed all) of these cases, the sexual activity occurred without the female's consent and thus qualified as rape. This is particularly clear in the examples that follow where Muhammad's companions initiate sexual contact with the captive women shortly after having slayed their sons, husbands, fathers, and brothers. At the very least, it can be said that in no case does Muhammad intervene in and that in all cases he actively permits what, by all appearances, is an instance of his companion's raping a captive or slave. | ||
===Muhammad's companions | ===Muhammad's companions rape captives intended for ransom=== | ||
On one occasion, presented with newly captured women, Muhammad's companions were only concerned about whether coitus interruptus ('azl) was permissible. | On one occasion, presented with newly captured women, Muhammad's companions were only concerned about whether coitus interruptus ('azl) was permissible. | ||
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that while he was sitting with Allah's Messenger (ﷺ) he said, "O Allah's Messenger (ﷺ)! We get female captives as our share of booty, '''and we are interested in their prices''', what is your opinion about coitus interruptus?" The Prophet (ﷺ) said, "Do you really do that? It is better for you not to do it. No soul that which Allah has destined to exist, but will surely come into existence.}} | that while he was sitting with Allah's Messenger (ﷺ) he said, "O Allah's Messenger (ﷺ)! We get female captives as our share of booty, '''and we are interested in their prices''', what is your opinion about coitus interruptus?" The Prophet (ﷺ) said, "Do you really do that? It is better for you not to do it. No soul that which Allah has destined to exist, but will surely come into existence.}} | ||
===Ali | ===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 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. | ||
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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)=== | ||
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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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. }} | ||
== | ==Punishments for rape== | ||
{{Quote|1= | {{Quote|1= | ||