Rape in Islamic Law: Difference between revisions

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The first part of the verse is telling unmarried people to keep themselves chaste. Now, the important thing to remember is that the Islamic definition of ''chaste'' is different than the commonly agreed upon definitions of the word. According to {{Quran|23|6}}, {{Quran|33|50}}, {{Quran|33|52}}, and {{Quran|70|30}} a Muslim man is considered "chaste" so long as he only has sex with his wives (of whom he may have up to four) and his right-hand possessions (female captives/slaves). An unmarried Muslim man who has sex with his slave girl is still considered to be "chaste" by Islamic standards.<ref>[{{Reference archive|1=http://www.islamqa.com/en/ref/10382|2=2012-01-17}} <!-- BACKUP LINK: http://web.archive.org/web/20051125031608/63.175.194.25/index.php?ln=eng&QR=10382 -->Ruling on having intercourse with a slave woman when one has a wife] - Islam Q&A, Fatwa No. 10382, November  24, 2005</ref>
The first part of the verse is telling unmarried people to keep themselves chaste. Now, the important thing to remember is that the Islamic definition of ''chaste'' is different than the commonly agreed upon definitions of the word. According to {{Quran|23|6}}, {{Quran|33|50}}, {{Quran|33|52}}, and {{Quran|70|30}} a Muslim man is considered "chaste" so long as he only has sex with his wives (of whom he may have up to four) and his right-hand possessions (female captives/slaves). An unmarried Muslim man who has sex with his slave girl is still considered to be "chaste" by Islamic standards.<ref>[{{Reference archive|1=http://www.islamqa.com/en/ref/10382|2=2012-01-17}} <!-- BACKUP LINK: http://web.archive.org/web/20051125031608/63.175.194.25/index.php?ln=eng&QR=10382 -->Ruling on having intercourse with a slave woman when one has a wife] - Islam Q&A, Fatwa No. 10382, November  24, 2005</ref>


The second sentence speaks about slaves who ask for a way to pay for their freedom (like indentured servants) as long as the master knows of "any good in them". It would be interesting to discover how female slaves could earn any money at all if kidnapped from their families and forced into slavery while not have money-making skills. And if a female slave was to earn her freedom, where then could she go if her family had been massacred? How could she support herself and keep herself safe? Practicalities aside, this verse only tells Muslims to let their slaves purchase their freedom (with the requirement of "if ye know any good in them").
The second sentence speaks about slaves who ask for a way to pay for their freedom (like indentured servants) as long as the master knows of "any good in them". It would be interesting to discover how female slaves could earn any money at all if kidnapped from their families and forced into slavery while not having money-making skills. And if a female slave was to earn her freedom, where then could she go if her family had been massacred? How could she support herself and keep herself safe? Practicalities aside, this verse only tells Muslims to let their slaves purchase their freedom (with the requirement of "if ye know any good in them").


The third sentence is what pertains to the Muslim claim that rape of slaves is forbidden. However, the word used is not simply sexual intercourse but is more specifically "prostitution" or "whoredom". Prostitution is not simply about sex, but sex for a price. This is why it is often referred to as one of the oldest professions. What this verse speaks of is a master forcing his maid to be a prostitute thereby making money by allowing other men to have sex with her. This verse says nothing about a master forcing himself upon his slave-girl who is considered "halal" for him according to [[Islamic law]]. The fourth sentence says that if a girl is indeed forced into prostitution, then Allah will forgive her for committing [[zina]]. What this verse does not say is what the punishment should be for a man who forces his maid into prostitution. All it says is that he should not do it, and it certainly does not say is that a Muslim man cannot force himself on his own slave-girl.
The third sentence is what pertains to the Muslim claim that rape of slaves is forbidden. However, the word used is not simply sexual intercourse but is more specifically "prostitution" or "whoredom". Prostitution is not simply about sex, but sex for a price. This is why it is often referred to as one of the oldest professions. What this verse speaks of is a master forcing his maid to be a prostitute thereby making money by allowing other men to have sex with her. This verse says nothing about a master forcing himself upon his slave-girl who is considered "halal" for him according to [[Islamic law]]. The fourth sentence says that if a girl is indeed forced into prostitution, then Allah will forgive her for committing [[zina]]. What this verse does not say is what the punishment should be for a man who forces his maid into prostitution. All it says is that he should not do it, and it certainly does not say is that a Muslim man cannot force himself on his own slave-girl.
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