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Rape in Islamic Law: Difference between revisions
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{{Quote|{{Abudawud||2152|hasan}}|Abu Sa’id Al Khudri traced to Prophet (ﷺ) the following statement regarding the captives taken at Atwas. There must be no intercourse with pregnant woman till she gives birth to her child or with the one who is not pregnant till she has had one menstrual period.}} | {{Quote|{{Abudawud||2152|hasan}}|Abu Sa’id Al Khudri traced to Prophet (ﷺ) the following statement regarding the captives taken at Atwas. There must be no intercourse with pregnant woman till she gives birth to her child or with the one who is not pregnant till she has had one menstrual period.}} | ||
===Muhammad had Intercourse with his Slave=== | |||
The following hadith is graded Sahih by Dar-us-Salam: | |||
{{Quote|{{Al Nasai||4|36|3411}}|It was narrated from Anas, that the Messenger of Allah had a female slave with whom he had intercourse, but 'Aishah and Hafsah would not leave him alone until he said that she was forbidden for him. Then Allah, the Mighty and Sublime, revealed: | |||
"O Prophet! Why do you forbid (for yourself) that which Allah has allowed to you.' until the end of the Verse.}} | |||
Tafsir al-Jalalayn says of the verse referred to in this hadith: | |||
{{Quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=66&tAyahNo=1&tDisplay=yes&UserProfile=0&LanguageId=2 Commentary on verse 66:1]<BR>Tafsir al\Jalalayn|2=O Prophet! Why do you prohibit what God has made lawful for you in terms of your Coptic handmaiden Māriya — when he lay with her in the house of Hafsa who had been away but who upon returning and finding out became upset by the fact that this had taken place in her own house and on her own bed — by saying ‘She is unlawful for me!’ seeking by making her unlawful for you to please your wives? And God is Forgiving Merciful having forgiven you this prohibition.}} | |||
An alternate, or additional circumstance for this verse has also been narrated in sahih hadiths: | |||
{{Quote|{{Al Nasai||4|36|3410}}|'Aishah said that the Messenger of Allah used to stay with Zainab bint Jahsh and drink honey at her house. Hafsah and I agreed that if the Prophet entered upon either of us, she would say: | |||
"I perceive the smell of Maghafir (a nasty-smelling gum) on you; have you eaten Maghafir?" He came in to one of them, and she said that to him. He said: "No, rather I drank honey at the house of Zainab bint Jahsh, but I will never do it again." Then the following was revealed: 'O Prophet! Why do you forbid (for yourself) that which Allah has allowed to you.' 'If you two turn in repentance to Allah, (it will be better for you)' about 'Aishah and Hafsah, 'And (remember) when the Prophet disclosed a matter in confidence to one of his wives' refers to him saying: "No, rather I drank honey".}} | |||
The honey story sounds rather less plausible as an explanation for these verses than the slave sex version. Perhaps it is no coincidence that "honey" was a euphemism for sexual intercourse. See for example the following hadith: | |||
{{Quote|{{Abudawud|12|2302|}}|Narrated Aisha, Ummul Mu'minin: | |||
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== | ==Punishments for Rape== | ||