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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 | 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. }} | ||
==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 | 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== | ||