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Rape in Islamic Law: Difference between revisions
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→Qur'an 33:50 - Muhammad may have sex with his wives and captives from the war booty
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{{Quote|{{Quran|70|29-30}}|'''And those who guard their private parts, Except from their wives or those their right hands possess''', for indeed, they are not to be blamed}} | {{Quote|{{Quran|70|29-30}}|'''And those who guard their private parts, Except from their wives or those their right hands possess''', for indeed, they are not to be blamed}} | ||
===Qur'an 33:50 - Muhammad | ===Qur'an 33:50 - Muhammad's rights over his female captives from the war booty=== | ||
Another verse sets out Muhammad's licit sexual access to his wives and captives from the war booty (probably alluding to those mentioned earlier in the surah), as well as any of his female first cousins and any believing woman who offers herself to him if he wishes to marry her. | Another verse sets out Muhammad's licit sexual access to his wives and captives from the war booty (probably alluding to those mentioned earlier in the surah), as well as any of his female first cousins and any believing woman who offers herself to him if he wishes to marry her. | ||
{{Quote|{{Quran|33|50}}|'''O Prophet, indeed We have made lawful to you your wives to whom you have given their due compensation and those your right hand possesses from what Allah has returned to you [of captives]''' and the daughters of your paternal uncles and the daughters of your paternal aunts and the daughters of your maternal uncles and the daughters of your maternal aunts who emigrated with you and a believing woman if she gives herself to the Prophet [and] if the Prophet wishes to marry her, [this is] only for you, excluding the [other] believers. '''We certainly know what We have made obligatory upon them concerning their wives and those their right hands possess''', [but this is for you] in order that there will be upon you no discomfort. And ever is Allah Forgiving and Merciful.}} | |||
Classical scholars understood the verse to permit Muhammad's use of concubines, though Islamic modernists read the verse as permitting Muhammad to marry his captives. Tafsir al-Jalalayn gives the examples of Juwayriyyah and Safiyya, captives who Muhammad did Marry, while Ibn Kathir also mentions Rayhanna and Maria who Muhammad kept as his unmarried concubines according to most traditions. {{Quran|33|52}} (discussed also in this section) may shed light on this question, though it too is ambiguous. Either way, a captive can freely consent neither to marriage nor concubinage. | |||
The permission in this verse is stated as being for Muhammad alone, commonly interpretated as excusing Muhammad from the obligation to pay a dowry in some circumstances, or his exemption from the maximum limit of four wives and other conditions. | |||
The words translated "what Allah has returned to you" (wamā [...] afāa l-lahu ʿalayka) mean Muhammad's share of the spoils of war, since the same language is mirrored in {{Quran-range|59|6|7}} with that meaning. Those verses twice mention "what Allah has returned to his messenger" (wamā afāa l-lahu ʿalā rasūlihi). | The words translated "what Allah has returned to you" (wamā [...] afāa l-lahu ʿalayka) mean Muhammad's share of the spoils of war, since the same language is mirrored in {{Quran-range|59|6|7}} with that meaning. Those verses twice mention "what Allah has returned to his messenger" (wamā afāa l-lahu ʿalā rasūlihi). | ||
Earlier verses in the same surah suggest that these women were among the captives, land, houses and wealth seized during a decisive battle with opponents who had left their fortresses ({{Quran-range|33|20|27}}). According to commentators, this was Khaybar, though other views were narrated too. | Earlier verses in the same surah suggest that these women were among the captives, land, houses and wealth seized during a decisive battle with opponents who had left their fortresses ({{Quran-range|33|20|27}}). According to commentators, this was Khaybar, though other views were narrated too. | ||
See also the two verses which follow verse 50, ({{Quran-range|33|51|52}}), which give Muhammad permission to set aside and return to his wives in accordance with his wishes, and forbids Muhammad from exchanging or taking any further wives even if their beauty pleases him, | See also the two verses which follow verse 50, ({{Quran-range|33|51|52}}), which give Muhammad permission to set aside and return to his wives in accordance with his wishes, and forbids Muhammad from exchanging or taking any further wives even if their beauty pleases him, except from among his concubines, or perhaps simply maintains his limitless permission to take additional concubines. | ||
{{Quote|{{Quran-range|33|51|52}}|You, [O Muhammad], may put aside whom you will of them or take to yourself whom you will. And any that you desire of those [wives] from whom you had [temporarily] separated - there is no blame upon you [in returning her]. That is more suitable that they should be content and not grieve and that they should be satisfied with what you have given them - all of them. And Allah knows what is in your hearts. And ever is Allah Knowing and Forbearing. | {{Quote|{{Quran-range|33|51|52}}|You, [O Muhammad], may put aside whom you will of them or take to yourself whom you will. And any that you desire of those [wives] from whom you had [temporarily] separated - there is no blame upon you [in returning her]. That is more suitable that they should be content and not grieve and that they should be satisfied with what you have given them - all of them. And Allah knows what is in your hearts. And ever is Allah Knowing and Forbearing. | ||
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[[Category:Hudud (punishments)]] | [[Category:Hudud (punishments)]] | ||
[[ar:الاغتصاب_في_الشريعة_الإسلامية]] | [[ar:الاغتصاب_في_الشريعة_الإسلامية]] | ||
[[fr:Le viol dans la loi islamique]] | |||