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Rape in Islamic Law: Difference between revisions
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As noted in a later section below, punishments for rape applied only to free women and slaves not owned by the perpetrator. Similarly, zina (fornication or adultery) only applied to intercourse with women in those two groups, but not to intercourse with one's own slave women according to Muhammad in this hadith graded Hasan by al-Albani: | As noted in a later section below, punishments for rape applied only to free women and slaves not owned by the perpetrator. Similarly, zina (fornication or adultery) only applied to intercourse with women in those two groups, but not to intercourse with one's own slave women according to Muhammad in this hadith graded Hasan by al-Albani: | ||
{Quote|{{Abudawud | {Quote|{{Abudawud|12|2258}}| 'Amr b. Shu'aib on his father's authority said that his grandfather reported: | ||
The Prophet (ﷺ) decided regarding one who was treated as a member of a family after the death of his father, to whom he was attributed when the heirs said he was one of them, that if he was the child of a slave-woman whom the father owned when he had intercourse with her, he was included among those who sought his inclusion, but received none of the inheritance which was previously divided; he, however, received his portion of the inheritance which had not already been divided; but if the father to whom he was attributed had disowned him, he was not joined to the heirs. | The Prophet (ﷺ) decided regarding one who was treated as a member of a family after the death of his father, to whom he was attributed when the heirs said he was one of them, that if he was the child of a slave-woman whom the father owned when he had intercourse with her, he was included among those who sought his inclusion, but received none of the inheritance which was previously divided; he, however, received his portion of the inheritance which had not already been divided; but if the father to whom he was attributed had disowned him, he was not joined to the heirs. | ||
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Further, it is well established that a slave who is impregnated by her master to whom she is not married becomes an Umm Walad and remains a slave during his lifetime unless he frees her. | Further, it is well established that a slave who is impregnated by her master to whom she is not married becomes an Umm Walad and remains a slave during his lifetime unless he frees her. | ||
In the following hadith, Muhammad has no objections to a man who has intercourse with his slave | In the following hadith, Muhammad has no objections to a man who has intercourse with his slave-girl to who he is not married: | ||
{{Quote|{{Muslim|8|3377}}| Abu Sa'id al-Khudri (Allah be pleased with him) reported that mention was made of 'azl in the presence of Allah's Apostle (ﷺ) whereupon he said: | {{Quote|{{Muslim|8|3377}}| Abu Sa'id al-Khudri (Allah be pleased with him) reported that mention was made of 'azl in the presence of Allah's Apostle (ﷺ) whereupon he said: | ||
Why do you practise it? They said: There is a man whose wife has to suckle the child, and if that person has a sexual intercourse with her (she may conceive) which he does not like, and there is another person who has a slave-girl and he has a sexual intercourse with her, but he does not like her to have conception so that she may not become Umm Walad, whereupon he (the Holy Prophet) said: There is no harm if you do not do that, for that (the birth of the child) is something pre- ordained. Ibn 'Aun said: I made a mention of this hadith to Hasan, and he said: By Allah, (it seems) as if there is upbraiding in it (for 'azl).}} | Why do you practise it? They said: There is a man whose wife has to suckle the child, and if that person has a sexual intercourse with her (she may conceive) which he does not like, '''and there is another person who has a slave-girl and he has a sexual intercourse with her, but he does not like her to have conception so that she may not become Umm Walad''', whereupon he (the Holy Prophet) said: There is no harm if you do not do that, for that (the birth of the child) is something pre- ordained. Ibn 'Aun said: I made a mention of this hadith to Hasan, and he said: By Allah, (it seems) as if there is upbraiding in it (for 'azl).}} | ||
===Claims about verse 24:33=== | ===Claims about verse 24:33=== | ||