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Rape in Islamic Law: Difference between revisions
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As above, this is actually very likely referring to violation of the Khums system for distributing war booty, which is for the Imam or commander to distribute, including a fifth share for the Prophet (and after his death, for the Caliph). Clearly from the verses and hadiths in the rest of this article, captives owned in lawful ways were permissable for Muslim slave owners to sleep with in Islam. | As above, this is actually very likely referring to violation of the Khums system for distributing war booty, which is for the Imam or commander to distribute, including a fifth share for the Prophet (and after his death, for the Caliph). Clearly from the verses and hadiths in the rest of this article, captives owned in lawful ways were permissable for Muslim slave owners to sleep with in Islam. | ||
===Claims that Men had to Marry their Slaves Before Intercourse was Permitted=== | |||
Sometimes it is claimed using verses 4:23-24 (quoted above) that men could not have sex with their female slaves unless they first married them. Even if that were true, it is no more possible for an enslaved person to give genuine consent to marriage than for her to give consent to intercourse with her master. A man had to free his slave in order to marry her, but if she knows that she will remain a slave if she declines, it is hardly a free choice. | |||
In any case, the claim is false. Verses 23:1-6 and 70:29-30 (quoted above) clearly distinguish slaves from wives, and make clear that sexual relations are permitted with both. Verses 4:23-24 merely permit men to marry their slaves, but do not say that marriage as a necessary condition for intercourse with them. Further, the hadith evidence quoted above shows that captives were sometimes raped before being ransomed. Clearly these women were not valued by their captors for anything besides sex and ransom purposes, let alone married to them. | |||
===Claims about verse 24:33=== | ===Claims about verse 24:33=== | ||
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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 they had been kidnapped from their families and forced into slavery and did 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 from rape, prostitution, etc.? Practicalities aside, this verse only tells Muslims to let their slaves purchase their freedom (but puts in a convenient disclaimer of "if ye know any good in them"). To give Muhammad credit, he did stipulate that the masters should give their slaves something (again conveniently leaving out what and how much). | 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 they had been kidnapped from their families and forced into slavery and did 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 from rape, prostitution, etc.? Practicalities aside, this verse only tells Muslims to let their slaves purchase their freedom (but puts in a convenient disclaimer of "if ye know any good in them"). To give Muhammad credit, he did stipulate that the masters should give their slaves something (again conveniently leaving out what and how much). | ||
The third sentence is what pertains to the Muslim claim that rape 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 what it definitely 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 what it definitely does not say is that a Muslim man cannot force himself on his own slave-girl. | ||
==Conclusion== | ==Conclusion== | ||