Rape in Islamic Law: Difference between revisions

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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)===


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 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 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:
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:
{{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. }}
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. }}
===Umar Tells a Man to Beat His Wife for Trying to Prevent Him from Having Intercourse with His Slave Girl===
{{Quote|{{Muwatta|30||13}}|Yahya related to me from Malik that Abdullah ibn Dinar said, "A man came to Abdullah ibn Umar when I waswith him at the place where judgments were given and asked him about the suckling of an older person. Abdullah ibn Umar replied, 'A man came to Umar ibn al-Khattab and said, 'I have a slave-girl and I used to have intercourse with her. My wife went to her and suckled her. When I went to the girl, my wife told me to watch out, because she had suckled her!' Umar told him to beat his wife and to go to his slave-girl because kinship by suckling was only by the suckling of the young.'"}}


==Punishments for Rape==  
==Punishments for Rape==  
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===Intercourse with Polytheist Slave Women Forbidden by Scholars===
===Intercourse with Polytheist Slave Women Forbidden by Scholars===


While Muhammad's men clearly had intercourse with polytheist slave women as evidenced by the hadiths quoted in the sections above, most scholars ruled that this was later forbidden by {{Quran|2|221}} (which forbids marriage to polytheist women, but scholars inferred that it also applied to slaves). Intercourse with Muslim, Christian or Jewish slaves was not affected by this restriction.<ref>[http://www.islamweb.net/emainpage/index.php?page=showfatwa&Option=FatwaId&Id=272452 Ruling on sexual intercourse with one's polytheistic slave-woman - IslamWeb.net Fawah 272452]</ref>
While Muhammad's men seem to have had intercourse with captive polytheist women whom they had captured during the expedition to Awtas/Autas (see hadiths quoted above), most scholars ruled that this was later forbidden by {{Quran|2|221}} (which forbids marriage to polytheist women, but scholars inferred that this also applied to intercourse with slaves). Intercourse with Muslim, Christian or Jewish slaves was not affected by this restriction.<ref>[http://www.islamweb.net/emainpage/index.php?page=showfatwa&Option=FatwaId&Id=272452 Ruling on sexual intercourse with one's polytheistic slave-woman - IslamWeb.net Fawah 272452]</ref>


==Muhammad's Slave Women and Qur'an 33:50==
==Muhammad's Slave Women and Qur'an 33:50==
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