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Rape in Islamic Law: Difference between revisions
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Dr. Jonathan Brown, Associate Professor and Chair of Islamic Civilization at Georgetown University (who is a Muslim convert) has made similar comments.<ref>"'slave rape' is a tough term to decipher from a Shariah perspective. A male owner of a female slave has the right to sexual access to her. Though he could not physically harm her without potentially being held legally accountable if she complained, her 'consent' would be meaningless since she is his slave." [https://np.reddit.com/r/islam/comments/3h1abm/this_is_dr_jonathan_brown_professor_at_georgetown/cu3dkhd/ Comment by Dr. Jonathan AC Brown on his Reddit AMA session], 2016 [http://www.webcitation.org/6yjfiW2ch Archive]</ref> Furthermore, there are narrations in which female captives were raped prior to being ransomed back to their tribe. | Dr. Jonathan Brown, Associate Professor and Chair of Islamic Civilization at Georgetown University (who is a Muslim convert) has made similar comments.<ref>"'slave rape' is a tough term to decipher from a Shariah perspective. A male owner of a female slave has the right to sexual access to her. Though he could not physically harm her without potentially being held legally accountable if she complained, her 'consent' would be meaningless since she is his slave." [https://np.reddit.com/r/islam/comments/3h1abm/this_is_dr_jonathan_brown_professor_at_georgetown/cu3dkhd/ Comment by Dr. Jonathan AC Brown on his Reddit AMA session], 2016 [http://www.webcitation.org/6yjfiW2ch Archive]</ref> Furthermore, there are narrations in which female captives were raped prior to being ransomed back to their tribe. | ||
As with enslaved females, according to Islamic law, married women are required to oblige their husbands sexual advances. The category of "rape" is thus deemed to be equally non-existent in the contexts of both marriage and slavery. | |||
==Definitions== | ==Definitions== | ||
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==Qur'an== | ==Qur'an== | ||
There is no equivalent term for ‘[[rape]]’ in the [[Qur'an]]. Likewise, there is not a single verse in the Qur'an which even remotely discourages forced sex. In contrast, there are several verses in | There is no equivalent term for ‘[[rape]]’ in the [[Qur'an]]. Likewise, there is not a single verse in the Qur'an which even remotely discourages forced sex. In contrast, there are several verses in the Qur'an which give the green light to rape and other sexual crimes against captured and enslaved [[Islam and Women|women]]. | ||
[[Surah]] [[The Holy Qur'an: An-Nisa (Women)|an-Nisa]] discusses lawful and forbidden women for pious Muslims. | [[Surah]] [[The Holy Qur'an: An-Nisa (Women)|an-Nisa]] discusses lawful and forbidden women for pious Muslims. It should be noted that it is not easy to understand what is being suggested using the verse alone. Authoritative [[Tafsir]]s (Qur'an interpretations) and [[Sahih]] (authentic) [[Hadith]]s associated with these verses are necessary to understand these verses as they have been understood in the Islamic tradition. Interpretations without tafsir or hadith precedent are generally not accepted, especially when they result in a divergent meaning. | ||
===Verse 4:24=== | ===Verse 4:24=== | ||
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{{Quote|{{Quran-range|4|23|24}}|Prohibited to you (For marriage) are:- Your mothers, daughters, sisters; father's sisters, Mother's sisters; brother's daughters, sister's daughters; foster-mothers (Who gave you suck), foster-sisters; your wives' mothers; your step-daughters under your guardianship, born of your wives to whom ye have gone in,- no prohibition if ye have not gone in;- (Those who have been) wives of your sons proceeding from your loins; and two sisters in wedlock at one and the same time, except for what is past; for Allah is Oft-forgiving, Most Merciful;-'''Also (prohibited are) women already married, except those whom your right hands possess''': Thus hath Allah ordained (Prohibitions) against you: Except for these, all others are lawful, provided ye seek (them in marriage) with gifts from your property,- desiring chastity, not lust, seeing that ye derive benefit from them, give them their dowers (at least) as prescribed; but if, after a dower is prescribed, agree Mutually (to vary it), there is no blame on you, and Allah is All-knowing, All-wise.}} | {{Quote|{{Quran-range|4|23|24}}|Prohibited to you (For marriage) are:- Your mothers, daughters, sisters; father's sisters, Mother's sisters; brother's daughters, sister's daughters; foster-mothers (Who gave you suck), foster-sisters; your wives' mothers; your step-daughters under your guardianship, born of your wives to whom ye have gone in,- no prohibition if ye have not gone in;- (Those who have been) wives of your sons proceeding from your loins; and two sisters in wedlock at one and the same time, except for what is past; for Allah is Oft-forgiving, Most Merciful;-'''Also (prohibited are) women already married, except those whom your right hands possess''': Thus hath Allah ordained (Prohibitions) against you: Except for these, all others are lawful, provided ye seek (them in marriage) with gifts from your property,- desiring chastity, not lust, seeing that ye derive benefit from them, give them their dowers (at least) as prescribed; but if, after a dower is prescribed, agree Mutually (to vary it), there is no blame on you, and Allah is All-knowing, All-wise.}} | ||
The Qur'an dictates in this verse that women already married are forbidden for Muslims to marry except those whom their right hands possess (sex [[Slavery|slaves]]). Other verses | The Qur'an dictates in this verse that women already married are forbidden for Muslims to marry except those whom their right hands possess (sex [[Slavery|slaves]]). Other verses allow sexual intercourse with female slaves without marrying them first (see below). | ||
====Context in Hadiths - Rape of Married Female Captives==== | ====Context in Hadiths - Rape of Married Female Captives==== | ||
It is important to know the context of this verse, as it sheds light onto the nature of allowance. | It is important to know the context of this verse, as it sheds light onto the nature of allowance. A Sahih Hadith in Sunan Abu Dawud: | ||
{{Quote|{{Abu Dawud||2155|darussalam}}| Abu Said al-Khudri said: "The apostle of Allah sent a military expedition to Awtas on the occasion of the battle of Hunain. They met their enemy and fought with them. They defeated them and took them captives. Some of the Companions of the apostle of Allah were reluctant to have intercourse with the female captives because of their pagan husbands. So Allah, the Exalted, sent down the Quranic verse, "And all married women (are forbidden) unto you save those (captives) whom your right hands possess". That is to say, they are lawful for them when they complete their waiting period." [The Quran verse is 4:24]}} | {{Quote|{{Abu Dawud||2155|darussalam}}| Abu Said al-Khudri said: "The apostle of Allah sent a military expedition to Awtas on the occasion of the battle of Hunain. They met their enemy and fought with them. They defeated them and took them captives. Some of the Companions of the apostle of Allah were reluctant to have intercourse with the female captives because of their pagan husbands. So Allah, the Exalted, sent down the Quranic verse, "And all married women (are forbidden) unto you save those (captives) whom your right hands possess". That is to say, they are lawful for them when they complete their waiting period." [The Quran verse is 4:24]}} | ||
This hadith explains why verse 4:24 was revealed to [[Muhammad]]. It was to encourage his fighters, who were reluctant, to have sexual contact with female captives even while their husbands were alive. This is made clear in the following quote: | |||
'''"Some of the Companions of the apostle of Allah were reluctant to have intercourse with the female captives because of their pagan husbands"''' | '''"Some of the Companions of the apostle of Allah were reluctant to have intercourse with the female captives because of their pagan husbands"''' | ||
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{{Quote|{{Muslim|8|3432}}|Abu Sa'id al-Khudri reported that at the Battle of Hunain Allah's Messenger sent an army to Autas and encountered the enemy and fought with them. Having overcome them and taken them captives, the Companions of Allah's Messenger seemed to refrain from having intercourse with captive women because of their husbands being polytheists. Then Allah, Most High, sent down regarding that:" And women already married, except those whom your right hands possess (Quran 4:. 24)" (i. e. they were lawful for them when their 'Idda period came to an end).}} | {{Quote|{{Muslim|8|3432}}|Abu Sa'id al-Khudri reported that at the Battle of Hunain Allah's Messenger sent an army to Autas and encountered the enemy and fought with them. Having overcome them and taken them captives, the Companions of Allah's Messenger seemed to refrain from having intercourse with captive women because of their husbands being polytheists. Then Allah, Most High, sent down regarding that:" And women already married, except those whom your right hands possess (Quran 4:. 24)" (i. e. they were lawful for them when their 'Idda period came to an end).}} | ||
There is an entire chapter devoted to this in the Sahih Muslim collection. The title of the chapter | There is an entire chapter devoted to this in the Sahih Muslim collection. The title of the chapter is: | ||
:'''Sahih Muslim - The Book of Suckling - Chapter: It is permissible to have intercourse with a female captive after it is established that she is not pregnant, and if she has a husband, then her marriage is annulled when she is captured'''<ref>https://sunnah.com/muslim/17</ref> | :'''Sahih Muslim - The Book of Suckling - Chapter: It is permissible to have intercourse with a female captive after it is established that she is not pregnant, and if she has a husband, then her marriage is annulled when she is captured'''<ref>https://sunnah.com/muslim/17</ref> | ||
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{{Quote|1=[http://tafsir.com/default.asp?sid=4&tid=10803 Forbidding Women Already Married, Except for Female Slaves]<BR>Tafsir Ibn Kathir|2=The Ayah (verses) means Also (forbidden are) women already married, except those whom your right hands possess.), you are prohibited from marrying women who are already married, except those whom your right hands possess) except those whom you acquire through war, for you are allowed such women after making sure they are not pregnant. Imam Ahmad recorded that Abu Sa`id Al-Khudri said, "We captured some women from the area of Awtas who were already married, and we disliked having sexual relations with them because they already had husbands. So, we asked the Prophet about this matter, and this Ayah (verse) was revealed, Also (forbidden are) women already married, except those whom your right hands possess). Accordingly, we had sexual relations with these women." (Alternate translation can be: as a result of these verses, their (Infidels) wives have become lawful for us) This is the wording collected by At-Tirmidhi An-Nasa'i, Ibn Jarir and Muslim in his Sahih.}} | {{Quote|1=[http://tafsir.com/default.asp?sid=4&tid=10803 Forbidding Women Already Married, Except for Female Slaves]<BR>Tafsir Ibn Kathir|2=The Ayah (verses) means Also (forbidden are) women already married, except those whom your right hands possess.), you are prohibited from marrying women who are already married, except those whom your right hands possess) except those whom you acquire through war, for you are allowed such women after making sure they are not pregnant. Imam Ahmad recorded that Abu Sa`id Al-Khudri said, "We captured some women from the area of Awtas who were already married, and we disliked having sexual relations with them because they already had husbands. So, we asked the Prophet about this matter, and this Ayah (verse) was revealed, Also (forbidden are) women already married, except those whom your right hands possess). Accordingly, we had sexual relations with these women." (Alternate translation can be: as a result of these verses, their (Infidels) wives have become lawful for us) This is the wording collected by At-Tirmidhi An-Nasa'i, Ibn Jarir and Muslim in his Sahih.}} | ||
Similarly in Tafsir al-Jalalayn (Qur'an interpretation by two Jalals namely: Jalaluddin Mahalli and Jalaluddin Suyuti): | Similarly in Tafsir al-Jalalayn (Qur'an interpretation by two Jalals namely: Jalaluddin Mahalli and Jalaluddin Suyuti, both authorities): | ||
{{Quote|1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=4&tAyahNo=24&tDisplay=yes&UserProfile=0&LanguageId=2 Qur'an 4:24]<BR>Tafsir al-Jalalayn|2=And, forbidden to you are, wedded women, those with spouses, that you should marry them before they have left their spouses, be they Muslim free women or not; save what your right hands own, of captured [slave] girls, whom you may have sexual intercourse with, even if they should have spouses among the enemy camp, but only after they have been absolved of the possibility of pregnancy [after the completion of one menstrual cycle]; this is what God has prescribed for you.}} | {{Quote|1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=4&tAyahNo=24&tDisplay=yes&UserProfile=0&LanguageId=2 Qur'an 4:24]<BR>Tafsir al-Jalalayn|2=And, forbidden to you are, wedded women, those with spouses, that you should marry them before they have left their spouses, be they Muslim free women or not; save what your right hands own, of captured [slave] girls, whom you may have sexual intercourse with, even if they should have spouses among the enemy camp, but only after they have been absolved of the possibility of pregnancy [after the completion of one menstrual cycle]; this is what God has prescribed for you.}} | ||
The tafsir attributed to Ibn Abbas, Muhammad's paternal cousin, further confirms: | The tafsir attributed to (though likely not directly from) Ibn Abbas, Muhammad's paternal cousin, further confirms: | ||
{{Quote|1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=73&tSoraNo=4&tAyahNo=24&tDisplay=yes&UserProfile=0&LanguageId=2 Qur'an 4:24]<BR>Tafsir 'Ibn Abbas| 2= And all married women (are forbidden unto you save those (captives) whom your right hands possess) of captives, even if they have husbands in the Abode of War, after ascertaining that they are not pregnant, by waiting for the lapse of one period of menstruation. (It is a decree of Allah for you) that which I have mentioned to you is unlawful in Allah's Book.}} | {{Quote|1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=73&tSoraNo=4&tAyahNo=24&tDisplay=yes&UserProfile=0&LanguageId=2 Qur'an 4:24]<BR>Tafsir 'Ibn Abbas| 2= And all married women (are forbidden unto you save those (captives) whom your right hands possess) of captives, even if they have husbands in the Abode of War, after ascertaining that they are not pregnant, by waiting for the lapse of one period of menstruation. (It is a decree of Allah for you) that which I have mentioned to you is unlawful in Allah's Book.}} | ||
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{{Quote|{{Quran|23|1-6}}|Certainly will the believers have succeeded: They who are during their prayer humbly submissive And they who turn away from ill speech And they who are observant of zakah '''And they who guard their private parts Except from their wives or those their right hands possess''', for indeed, they will not be blamed}} | {{Quote|{{Quran|23|1-6}}|Certainly will the believers have succeeded: They who are during their prayer humbly submissive And they who turn away from ill speech And they who are observant of zakah '''And they who guard their private parts Except from their wives or those their right hands possess''', for indeed, they will not be blamed}} | ||
Guarding private parts is denotative of abstaining from sexual activities. The Qur'an points out successful believers are those who are indulging in sexual activities only with their wives and sex-slaves. | Guarding private parts is denotative of abstaining from sexual activities. The Qur'an points out that successful believers are those who are indulging in sexual activities only with their wives and sex-slaves. | ||
===Verses 70:29-30=== | ===Verses 70:29-30=== | ||
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===Rape of Female Captives Before Ransoming Them=== | ===Rape of Female Captives Before Ransoming Them=== | ||
On another occasion the only issue of concern for Muhammad's companions was whether the practice of coitus interruptus ('azl) was | On another occasion the only issue of concern for Muhammad's companions was whether the practice of coitus interruptus ('azl) was permissible while raping captive women. | ||
{{Quote|{{Bukhari|5|59|459}}|Narrated Ibn Muhairiz: I entered the Mosque and saw Abu Said Al-Khudri and sat beside him and asked him about Al-Azl (i.e. coitus interruptus). Abu Said said, "We went out with Allah's Apostle for the Ghazwa of Banu Al-Mustaliq and we received captives from among the Arab captives and we desired women and celibacy became hard on us and we loved to do coitus interruptus. So when we intended to do coitus interrupt us, we said, 'How can we do coitus interruptus before asking Allah's Apostle who is present among us?" We asked (him) about it and he said, 'It is better for you not to do so, for if any soul (till the Day of Resurrection) is predestined to exist, it will exist."}} | {{Quote|{{Bukhari|5|59|459}}|Narrated Ibn Muhairiz: I entered the Mosque and saw Abu Said Al-Khudri and sat beside him and asked him about Al-Azl (i.e. coitus interruptus). Abu Said said, "We went out with Allah's Apostle for the Ghazwa of Banu Al-Mustaliq and we received captives from among the Arab captives and we desired women and celibacy became hard on us and we loved to do coitus interruptus. So when we intended to do coitus interrupt us, we said, 'How can we do coitus interruptus before asking Allah's Apostle who is present among us?" We asked (him) about it and he said, 'It is better for you not to do so, for if any soul (till the Day of Resurrection) is predestined to exist, it will exist."}} | ||
A significant additional detail is found in the same hadith in Sahih Muslim. The raped women were planned to be ransomed back to their tribes | A significant additional detail is found in the same hadith in Sahih Muslim. The raped women were planned to be ransomed back to their tribes. Some modern apologists have suggested that theses Muslims, by enslaving women whose husbands, fathers and brothers they had killed, were being saved from destitution; this apologetic line is falsified by the following hadith: | ||
{{Quote|{{Muslim|8|3371}}|Abu Sirma said to Abu Sa'id al Khadri (Allah he pleased with him): | {{Quote|{{Muslim|8|3371}}|Abu Sirma said to Abu Sa'id al Khadri (Allah he pleased with him): | ||
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===Muhammad Approves of 'Ali Raping a Slave-Girl=== | ===Muhammad Approves of 'Ali Raping a Slave-Girl=== | ||
This hadith concerns an incident which led up to the famous event of Ghadir Khumm, which is much disputed between Sunnis and Shias. Both agree that Muhammad received complaints about 'Ali taking a slave-girl from the Khums share of the booty (because the complainers believed he was not entitled to anything from that share). The Arabic of the Sunni hadith below mentions 'Ali taking a Ghusl bath, which implies sexual activity. Later at a place called Ghabir Khumm, Muhammad tried to pacify those who hated 'Ali by declaring him to be his Mawla, which Shias interpret to mean the leader to succeed Muhammad after his death. | This hadith concerns an incident which led up to the famous event of Ghadir Khumm, which is much disputed between Sunnis and Shias. Both agree that Muhammad received complaints about 'Ali taking a slave-girl from the Khums share of the booty (because the complainers believed he was not entitled to anything from that share). The Arabic of the Sunni hadith below mentions 'Ali taking a Ghusl bath, which implies sexual activity. Later, at a place called Ghabir Khumm, Muhammad tried to pacify those who hated 'Ali by declaring him to be his Mawla, which Shias interpret to mean the leader to succeed Muhammad after his death. | ||
{{Quote|{{Bukhari|5|59|637}}|Narrated Buraida: | {{Quote|{{Bukhari|5|59|637}}|Narrated Buraida: | ||
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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: | ||
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==External Links== | ==External Links== | ||
*{{external link|url= http://womanstats.wordpress.com/2013/01/16/the-high-rape-scale-in-saudi-arabia/|title= The High Rape-Scale in Saudi Arabia|publisher= WomanStats Project (blog)|author= |date= January 16, 2013|archiveurl= http://www.webcitation.org/query?url=http%3A%2F%2Fwomanstats.wordpress.com%2F2013%2F01%2F16%2Fthe-high-rape-scale-in-saudi-arabia%2F&date=2013-07-13|deadurl=no}} | *{{external link|url= http://womanstats.wordpress.com/2013/01/16/the-high-rape-scale-in-saudi-arabia/|title= The High Rape-Scale in Saudi Arabia|publisher= WomanStats Project (blog)|author= |date= January 16, 2013|archiveurl= http://www.webcitation.org/query?url=http%3A%2F%2Fwomanstats.wordpress.com%2F2013%2F01%2F16%2Fthe-high-rape-scale-in-saudi-arabia%2F&date=2013-07-13|deadurl=no}} | ||
*[http://www.islam-watch.org/index.php?option=com_content&view=article&id=259:sexual-slavery-and-concubinage-in-islam&catid=111:fakhour&Itemid=58 Sexual Slavery and Concubinage in Islam] ''- [[Islam Watch]]'' | *[http://www.islam-watch.org/index.php?option=com_content&view=article&id=259:sexual-slavery-and-concubinage-in-islam&catid=111:fakhour&Itemid=58 Sexual Slavery and Concubinage in Islam] ''- [[Islam Watch]]'' | ||