Rape in Islamic Law - Revision history

Lightyears: Replaced with another source the dead link to archive of the Kuwaiti encyclopedia of fiqh which has been removed

2026-03-20T22:05:30Z

Replaced with another source the dead link to archive of the Kuwaiti encyclopedia of fiqh which has been removed

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	The istibra' was the period of time during which a man may not have sexual intercourse with a female slave that he has just acquired. This was intended to prevent doubts over a child's paternity in case a slave-girl falls pregnant shortly after being bought by a new master.		The istibra' was the period of time during which a man may not have sexual intercourse with a female slave that he has just acquired. This was intended to prevent doubts over a child's paternity in case a slave-girl falls pregnant shortly after being bought by a new master.

	~~[https://archive.org/details/FPmfkmfk/mfk03/page/n172/mode/1up?view=theater~~ The ~~Kuwait Encyclopedia of Fiqh, Volume 3, p. 174]~~ summarises the opinions of the Sunni legal schools regarding the length of istibra' for non-menstruating slaves whether because they are either too young or too old. It ~~says~~ that ~~Malikis gave opinions ranging from one month to three months. The Hanbali school said~~ three months, while ~~the Hanafi and~~ Shafi'i ~~schools said~~ it is one ~~month~~.		The ''Distinguished Jurist's Primer'' by Ibn Rushd summarises the opinions of the Sunni legal schools regarding the length of istibra' for non-menstruating slaves whether because they are either too young or too old. It states that Malik and most jurists of Medina set the waiting period for slave girls who were minors as three months, while Shafi'i and Abu Hanifah set it at one and a half months.<ref>Ibn Rushd (transl. Imran Ahsan Khan Nyazee) [https://archive.org/details/BidayatAl-mujtahidTheDistinguishedJuristsPrimerVol2/page/n115/mode/2up ''Distinguished Jurist's Primer''] Volume II, pp. 112-113</ref>

	The Risala was a famous treatise of Maliki fiqh (jurisprudence). It gives the istibra' for child slave-girls (who do not yet menstruate) as three months. For slaves who do menstruate, the istibra' is instead measured as one menstral period.		The Risala was a famous treatise of Maliki fiqh (jurisprudence). It gives the istibra' for child slave-girls (who do not yet menstruate) as three months. For slaves who do menstruate, the istibra' is instead measured as one menstral period.
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	Isḥāq said, “There is no harm in his kissing her and having sexual contact with her, because she is among those whom one need not fear having to return to her previous owner because of pregnancy.}}		Isḥāq said, “There is no harm in his kissing her and having sexual contact with her, because she is among those whom one need not fear having to return to her previous owner because of pregnancy.}}

	Shafi'i, founder of another major sunni legal school, said that the istibra' in this situation was one ~~month~~ (as mentioned above). See also the section below about polytheist slaves for his view that sex with polytheist child slaves becomes lawful only once the child has embraced Islam, which may be achieved by coercion in some circumstances.		Shafi'i, founder of another major sunni legal school, said that the istibra' in this situation was one and a half months (as mentioned above). See also the section below about polytheist slaves for his view that sex with polytheist child slaves becomes lawful only once the child has embraced Islam, which may be achieved by coercion in some circumstances.

	These views contrast with the statement by Ibn Hajar discussed in another section above, that "the practice of many Companions" was to not observe istibra' for virgin pre-pubescent girls. He may have had in mind narrations similar to some attributed to the tabi'un (2nd generation after the companions) which were collected by Ibn Abi Shaybah (d. 849 CE). A chapter of the Musannaf of Ibn Abi Shaybah records a number of relevant narrations including these from 'Ikrima and the renowned judge Iyas b. Mu'awiyah:		These views contrast with the statement by Ibn Hajar discussed in another section above, that "the practice of many Companions" was to not observe istibra' for virgin pre-pubescent girls. He may have had in mind narrations similar to some attributed to the tabi'un (2nd generation after the companions) which were collected by Ibn Abi Shaybah (d. 849 CE). A chapter of the Musannaf of Ibn Abi Shaybah records a number of relevant narrations including these from 'Ikrima and the renowned judge Iyas b. Mu'awiyah:

Lightyears at 21:09, 14 November 2025

2025-11-14T21:09:47Z

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	The hadith in Sahih Muslim is found in a chapter dedicated to the topic; the chapter is entitled "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>{{Citation\|chapter=(9) 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\|title=Sahih Muslim (Book of Suckling)\|url=https://sunnah.com/muslim/17}}		The hadith in Sahih Muslim is found in a chapter dedicated to the topic; the chapter is entitled "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>{{Citation\|chapter=(9) 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\|title=Sahih Muslim (Book of Suckling)\|url=https://sunnah.com/muslim/17}}

	See the three hadiths it contains: {{Muslim\|\|1456a\|reference}}, {{Muslim\|\|1456b\|reference}}, and {{Muslim\|\|~~1456e~~\|reference}}</ref>{{Quote\|{{Muslim\|\|1456a\|reference}}\|Abu Sa'id al-Khudri (Allah her pleased with him) reported that at the Battle of Hanain Allah's Messenger (ﷺ) 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 (may peace te upon him) seemed to refrain from having intercourse with captive women because of their husbands being polytheists. Then Allah, Most High, sent down regarding that:		See the three hadiths it contains: {{Muslim\|\|1456a\|reference}}, {{Muslim\|\|1456b\|reference}}, and {{Muslim\|\|1456d\|reference}}</ref>{{Quote\|{{Muslim\|\|1456a\|reference}}\|Abu Sa'id al-Khudri (Allah her pleased with him) reported that at the Battle of Hanain Allah's Messenger (ﷺ) 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 (may peace te upon him) 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 (iv. 24)"''' (i. e. they were lawful for them when their 'Idda [waiting] period came to an end).}}		'''"And women already married, except those whom your right hands possess (iv. 24)"''' (i. e. they were lawful for them when their 'Idda [waiting] period came to an end).}}
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	===Freedom and marriage as a requirement for intercourse===		===Freedom and marriage as a requirement for intercourse===

	Verses 4:23-24 ({{Quran-range\|4\|23\|24}}) are sometimes presented as evidence for the idea that a man must first manumit and marry a slave in order to have sex with her. The verse lists the types of women a Muslim man is permitted to marry, one given option being his slave women, of whom he may free and marry. While 4:23-24 do not mention slaves outside of a marital context, several other verses (e.g. {{Quran-range\|23\|1\|6}} and {{Quran-range\|70\|29\|30}}) make clear reference to sexual activity with slaves with whom the owner is not married by explicitly distinguishing between his sexual access to his wives and his sexual access to his slaves. The further example of Muhammad's companions raping captives from Banu al-Mustaliq prior to ransoming them (a scenario which effectively necessitates their non-marriage) confirms this idea.<ref>{{Bukhari\|\|\|4138\|darussalam}}, {{Muslim\|\|1438a\|reference}},{{Muwatta\|29\|\|95}}, Abudawud\|\|~~2167~~, and {{Bukhari\|\|\|2229\|darussalam}}</ref>		Verses 4:23-24 ({{Quran-range\|4\|23\|24}}) are sometimes presented as evidence for the idea that a man must first manumit and marry a slave in order to have sex with her. The verse lists the types of women a Muslim man is permitted to marry, one given option being his slave women, of whom he may free and marry. While 4:23-24 do not mention slaves outside of a marital context, several other verses (e.g. {{Quran-range\|23\|1\|6}} and {{Quran-range\|70\|29\|30}}) make clear reference to sexual activity with slaves with whom the owner is not married by explicitly distinguishing between his sexual access to his wives and his sexual access to his slaves. The further example of Muhammad's companions raping captives from Banu al-Mustaliq prior to ransoming them (a scenario which effectively necessitates their non-marriage) confirms this idea.<ref>{{Bukhari\|\|\|4138\|darussalam}}, {{Muslim\|\|1438a\|reference}},{{Muwatta\|29\|\|95}}, {{Abudawud\|\|2172\|darussalam}}, and {{Bukhari\|\|\|2229\|darussalam}}</ref>

	In addition, there is the universally attested legal category of the ''Umm Walad'' (literally "mother of child") that is used by Islamic jurists to refer to those slaves who have given birth to one of their master's children. The child is free from birth and the mother is free upon her owner's death. An ''Umm Walad'' is legally distinct from a free mother ''because'' she is still a slave. Indeed, the concept of ''Umm Walad'' is apparently attested even in the prophet's time according to a hadith in Sahih Muslim - further clarifying the matter is the fact that in this very hadith, Muhammad approves of the companion's sexual relations with his unmarried slave girl.		In addition, there is the universally attested legal category of the ''Umm Walad'' (literally "mother of child") that is used by Islamic jurists to refer to those slaves who have given birth to one of their master's children. The child is free from birth and the mother is free upon her owner's death. An ''Umm Walad'' is legally distinct from a free mother ''because'' she is still a slave. Indeed, the concept of ''Umm Walad'' is apparently attested even in the prophet's time according to a hadith in Sahih Muslim - further clarifying the matter is the fact that in this very hadith, Muhammad approves of the companion's sexual relations with his unmarried slave girl.

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2025-11-14T21:02:28Z

Automated script replacing USC-MSA hadith numbering system for Bukhari, Muslim, and Abu Dawud

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Lightyears at 15:43, 3 October 2025

2025-10-03T15:43:02Z

← Older revision		Revision as of 15:43, 3 October 2025
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	Islamic law allowed the distribution of female captives as spoils of war and for them to be bought and sold, becoming sexually lawful after a short waiting period to confirm they were not pregnant. Slavery including sexual slavery persisted on a massive scale until modern times (see [[Slavery in Islamic Law]]). It is important to note, however, that slavery was legally abolished in majority Muslim countries around the world in the 19th and 20th centuries (though vast numbers of people remain illegally enslaved in a few places such as Mauritania<ref name="Mauritania" />) and all countries signed the 1949 Geneva convention which in article 27 forbids rape and abuse of female captives. It is also now considered forbidden by most scholars in the modern context, though a minority, such as Saudi Sheikh Saleh Al-Fawzan, argue that slavery remains Islamically legitimate. Similarly, today many Muslim-majority countries have made marital rape illegal or offer other legal protections, though others (mainly in the Arab world) do not do so, often explicitly, as also some non-Muslim countries.<ref>As of the early 2020s, marital rape is not recognised as a crime in many Muslim-majority countries, nor in India, China, Myanmar, much of the Caribbean, and much of sub-Saharan Africa, though is illegal in Indonesia, Turkey, the Balkans, most of central Asia, and much of west Africa. See the detailed information in the Wikipedia article [[w:Marital rape laws by country\|Marital rape laws by country]], though note that in some cases the colour-coded map is inaccurate. A lack of legal protection in some countries and / or attitudes which refuse to accept the concept of marital rape exacerbates the predicament of millions of women suffering [[Forced Marriage]] in certain regions of the world.</ref> While there is no punishment for rape victims, human rights groups are also concerned about the risks faced by women reporting rape in some countries where [[Zina]] (illicit sexual intercourse) is a punishable offence, as detailed below.		Islamic law allowed the distribution of female captives as spoils of war and for them to be bought and sold, becoming sexually lawful after a short waiting period to confirm they were not pregnant. Slavery including sexual slavery persisted on a massive scale until modern times (see [[Slavery in Islamic Law]]). It is important to note, however, that slavery was legally abolished in majority Muslim countries around the world in the 19th and 20th centuries (though vast numbers of people remain illegally enslaved in a few places such as Mauritania<ref name="Mauritania" />) and all countries signed the 1949 Geneva convention which in article 27 forbids rape and abuse of female captives. It is also now considered forbidden by most scholars in the modern context, though a minority, such as Saudi Sheikh Saleh Al-Fawzan, argue that slavery remains Islamically legitimate. Similarly, today many Muslim-majority countries have made marital rape illegal or offer other legal protections, though others (mainly in the Arab world) do not do so, often explicitly, as also some non-Muslim countries.<ref>As of the early 2020s, marital rape is not recognised as a crime in many Muslim-majority countries, nor in India, China, Myanmar, much of the Caribbean, and much of sub-Saharan Africa, though is illegal in Indonesia, Turkey, the Balkans, most of central Asia, and much of west Africa. See the detailed information in the Wikipedia article [[w:Marital rape laws by country\|Marital rape laws by country]], though note that in some cases the colour-coded map is inaccurate. A lack of legal protection in some countries and / or attitudes which refuse to accept the concept of marital rape exacerbates the predicament of millions of women suffering [[Forced Marriage]] in certain regions of the world.</ref> While there is no punishment for rape victims, human rights groups are also concerned about the risks faced by women reporting rape in some countries where [[Zina]] (illicit sexual intercourse) is a punishable offence, as detailed below.

	Typically, apologetic approaches to the issue of slaves and concubines propose that the women mentioned in the Quran and hadiths consented to intercourse with their captors and to their enslavement lest they be left destitute since their men had been killed. Critics generally argue that this is highly improbable, point out a hadith in which raped captives were due to be ransomed back to their tribe, and in any case would be incompatible with the modern understanding of consent which could not validly be given in captive circumstances. Some Islamic modernist scholars question the authenticity of the relevant hadiths altogether, in line with their general skepticism towards the hadith corpus and rejection of traditional jurisprudence, and attempt alternative interpretations of the Quranic verses.		Typically, apologetic approaches to the issue of slaves and concubines propose that the women mentioned in the Quran and hadiths consented to intercourse with their captors and to their enslavement lest they be left destitute since their men had been killed. Critics generally argue that this is highly improbable, and note that the Quran and legal consensus also made a married woman captured without her husband lawful to her owner. They further point out a hadith in which raped captives were due to be ransomed back to their tribe, and in any case would be incompatible with the modern understanding of consent which could not validly be given in captive circumstances. Some Islamic modernist scholars question the authenticity of the relevant hadiths altogether, in line with their general skepticism towards the hadith corpus and rejection of traditional jurisprudence, and attempt alternative interpretations of the Quranic verses.

	==The right to have intercourse with wives and slaves in Islamic law==		==The right to have intercourse with wives and slaves in Islamic law==
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	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 included captives seized from the People of the Book who had been made to leave their fortresses after siding with the confederates in their failed attack against the believers in Yathrib (Medina; see {{Quran-range\|33\|26\|27}}, and {{Quran\|33\|13}}). According to the vast majority of Muslim commentators and most academic scholars those verses refer to the [[The Massacre of the Banu Qurayza\|Banu Qurayza]].

	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.		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.
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	{{Quote\|1=[https://tafsir.app/jalalayn/4/24 Tafsir al-Jalalayn 4:24]\|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=[https://tafsir.app/jalalayn/4/24 Tafsir al-Jalalayn 4:24]\|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.}}

	In Islamic law, if a slave woman ~~was~~ married her owner had no right of sexual access to her. Some early Muslim scholars held that slave marriages, which could occur between slaves or between a slave and a free person, were automatically dissolved when ownership was transferred because her new owner was buying sexual access to her but two men could not have licit access to the same woman. Later, a consensus emerged that the marriage and licit sexual access remained between the slave woman and her husband alone upon transfer of ownership, ~~whatever his status~~.<ref>Kecia Ali, "Marriage and Slavery in Early Islam", Massachussets: Harvard University Press, 2010, pp. 154-159</ref>		Ibn al Mundhir (d. 930 CE), in his famous encyclopedia of Sunni jurisprudence, summarized the legal consensus that a woman captured without her husband had her marriage automatically annulled (he goes on to note the differing opinions when the wife and husband are captured together).
			{{Quote\|Ibn al Mundhir, ''Al-Awsat min al-Sunan wa al-Ijma' wa al-Ikhtilaf'', 11/292<ref>[https://shamela.ws/book/1568/5623# Al-Awsat min al-Sunan wa al-Ijma' wa al-Ikhtilaf, 11/292]</ref>\|All those from the people of knowledge whom we remember, have unanimously agreed that if a woman from the captives falls into the possession of a man, and she has a husband residing in the land of war, then the marriage to her husband is dissolved, and it becomes permissible for her owner to have intercourse with her after the waiting period.}}

			In Islamic law, if a slave woman became married after her capture, her owner had no right of sexual access to her. Some early Muslim scholars held that slave marriages, which could occur between slaves or between a slave and a free person, were automatically dissolved when ownership was transferred because her new owner was buying sexual access to her but two men could not have licit access to the same woman. Later, a consensus emerged that the marriage and licit sexual access remained between the slave woman and her husband alone upon transfer of ownership, whether he was a free man or slave.<ref>Kecia Ali, "Marriage and Slavery in Early Islam", Massachussets: Harvard University Press, 2010, pp. 154-159</ref>

	==Sex with female slaves and war captives in the hadiths==		==Sex with female slaves and war captives in the hadiths==
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	==See Also==		==See Also==
	~~{{Hub4\|~~Rape~~\|Rape}}~~		[[Qur'an, Hadith and Scholars:Rape of Slaves, Prisoners, and Wives]]

	==External Links==		==External Links==

Lightyears: /* Qur'an 33:50 - Muhammad may have sex with his wives and captives from the war booty */

2025-05-19T20:18:38Z

Qur'an 33:50 - Muhammad may have sex with his wives and captives from the war booty

← Older revision		Revision as of 20:18, 19 May 2025
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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 ~~may have sex with~~ his ~~wives and~~ captives from the war booty===		===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. ~~The verse states that~~ this is ~~a special permission granted~~ for Muhammad ~~alone~~, though ~~it is unclear which part of~~ the verse ~~comprises these exclusive rights~~. ~~A common interpretation was that~~ Muhammad is ~~granted here~~ exemption from the maximum limit of four wives.		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).

	{{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.}}

	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, ~~though~~ maintains his limitless permission to take additional concubines.		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.

Asmith at 06:44, 7 July 2024

2024-07-07T06:44:03Z

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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]]

CPO675: /* External Links */

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External Links

← Older revision		Revision as of 21:56, 4 July 2024
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	*{{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}}
			*[https://theislamissue.wordpress.com/2019/06/15/islamweb-endorses-rape/ IslamWeb endorses rape] - The Islam Issue

	==References==		==References==

CPO675: /* Muhammad's companions rape captives intended for ransom */ Added a few more hadith on Muhammad stating to not 'pull out' of sex with slave girls.

2024-02-05T20:32:01Z

Muhammad's companions rape captives intended for ransom: Added a few more hadith on Muhammad stating to not 'pull out' of sex with slave girls.

← Older revision		Revision as of 20:32, 5 February 2024
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	{{Quote\|{{Muwatta\|2\|\|90}}\|Yahya related to me from Malik from Nafi that the slave girls of Abdullah ibn Umar used to wash his feet and bring him a mat of palm leaves while they were menstruating. Malik was asked whether a man who had women and slavegirlscould have intercourse with all of them before he did ghusl. He said, "There is no harm in a man having intercourse with two of his slave girls before he does ghusl. It is disapproved of, however, to go to a freewoman on another's day. There is no harm in making love first to one slave girl and then to another when one is junub." Malik was asked about a man who was junub and water was put down for him to do ghusl with.Then he forgot and put his finger into it to find out whether it was hot or cold. Malik said, "If no filth has soiled his fingers, I do not consider that that makes the water impure."}}		{{Quote\|{{Muwatta\|2\|\|90}}\|Yahya related to me from Malik from Nafi that the slave girls of Abdullah ibn Umar used to wash his feet and bring him a mat of palm leaves while they were menstruating. Malik was asked whether a man who had women and slavegirlscould have intercourse with all of them before he did ghusl. He said, "There is no harm in a man having intercourse with two of his slave girls before he does ghusl. It is disapproved of, however, to go to a freewoman on another's day. There is no harm in making love first to one slave girl and then to another when one is junub." Malik was asked about a man who was junub and water was put down for him to do ghusl with.Then he forgot and put his finger into it to find out whether it was hot or cold. Malik said, "If no filth has soiled his fingers, I do not consider that that makes the water impure."}}

			=== Muhammad tells a man not to use coitus interrupt us/azl (the pull-out contraception method) when having sex with a captured slave girl ===
			The reason being God has already decided who they are going to create.
			{{Quote\|{{Bukhari\|9\|93\|506}}\|Narrated Abu Sa`id Al-Khudri: That during the battle with Bani Al-Mustaliq they (Muslims) captured some females and intended to have sexual relation with them without impregnating them. So they asked the Prophet (ﷺ) about coitus interrupt us. The Prophet (ﷺ) said, "It is better that you should not do it, for Allah has written whom He is going to create till the Day of Resurrection." Qaza'a said, "I heard Abu Sa`id saying that the Prophet (ﷺ) said, 'No soul is ordained to be created but Allah will create it."}}
			And:
			{{Quote\|{{Bukhari\|3\|34\|432}}\|Narrated Abu Sa`id Al-Khudri: that while he was sitting with Allah's Messenger (ﷺ) he said, "O Allah's Messenger (ﷺ)! We get female captives as our share of booty, and we are interested in their prices, what is your opinion about coitus interrupt us?" The Prophet (ﷺ) said, "Do you really do that? It is better for you not to do it. No soul that which Allah has destined to exist, but will surely come into existence.}}
			And similarly (this hadith is rated authentic/sahih by Al-Albani):
			{{Quote\|{{Abu Dawud\|11\|2166}}\|A man said: Messenger of Allah, I have a slave-girl and I withdraw the penis from her (while having intercourse), and I dislike that she becomes pregnant. I intend (by intercourse) what the men intend by it.
			The Jews say that withdrawing the penis (azl) is burying the living girls on a small scale. He (the Prophet) said: The Jews told a lie. If Allah intends to create it, you cannot turn it away.}}

	===Explicit distinction between zina and legal intercourse===		===Explicit distinction between zina and legal intercourse===

Lightyears: /* Modern perspectives */ Added quote from prominent reformist scholar for balance

2023-11-26T16:11:55Z

Modern perspectives: Added quote from prominent reformist scholar for balance

← Older revision		Revision as of 16:11, 26 November 2023
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	{{citation\|url=https://islamqa.info/en/answers/13737/what-is-the-ruling-on-intimacy-with-slave-women \| archiveurl=https://archive.fo/16upP\| chapter= Fatwa No. 13737: What is the ruling on intimacy with slave women?\|publisher= Islam Q&A\|date= March 18, 2004\|editor=Muhammad Salih al-Munajjid}}\|2=With regard to your question about it being permissible for a master to be intimate with his slave woman, the answer is that that is because Allaah has permitted it. }}Likewise, as with all rulings of the shariah, the basic rulings governing family relations are unchanging. It would be difficult even today to find a trusted Islamic authority that does not still, at some level, permit marital rape and give general license for [[Wife Beating in Islamic Law\|wife beating]] as a potential means by which to compel one's able but unwilling spouse into sexual activity, among other things.		{{citation\|url=https://islamqa.info/en/answers/13737/what-is-the-ruling-on-intimacy-with-slave-women \| archiveurl=https://archive.fo/16upP\| chapter= Fatwa No. 13737: What is the ruling on intimacy with slave women?\|publisher= Islam Q&A\|date= March 18, 2004\|editor=Muhammad Salih al-Munajjid}}\|2=With regard to your question about it being permissible for a master to be intimate with his slave woman, the answer is that that is because Allaah has permitted it. }}Likewise, as with all rulings of the shariah, the basic rulings governing family relations are unchanging. It would be difficult even today to find a trusted Islamic authority that does not still, at some level, permit marital rape and give general license for [[Wife Beating in Islamic Law\|wife beating]] as a potential means by which to compel one's able but unwilling spouse into sexual activity, among other things.
	{{Quote\|{{citation\|url= https://islamqa.info/en/answers/99756/his-wife-is-not-very-interested-in-intercourse-so-he-resorts-to-masturbation\|chapter= Fatwa No. 99756: His wife is not very interested in intercourse so he resorts to masturbation\| publisher= Islam Q&A\|date= July 22, 2007\|editor=Muhammad Salih al-Munajjid\|archiveurl=https://web.archive.org/web/20201204173121/https://islamqa.info/en/answers/99756/his-wife-is-not-very-interested-in-intercourse-so-he-resorts-to-masturbation}}\|The wife is obliged to obey her husband if he calls her to his bed, and if she refuses then she is sinning, because of the report narrated by al-Bukhaari (3237) and Muslim (1436) from Abu Hurayrah (may Allaah be pleased with him), that the Prophet (peace and blessings of Allaah be upon him) said: “If a man calls his wife to his bed and she does not come to him, and he goes to sleep angry with her, the angels will curse her until morning.”}}		{{Quote\|{{citation\|url= https://islamqa.info/en/answers/99756/his-wife-is-not-very-interested-in-intercourse-so-he-resorts-to-masturbation\|chapter= Fatwa No. 99756: His wife is not very interested in intercourse so he resorts to masturbation\| publisher= Islam Q&A\|date= July 22, 2007\|editor=Muhammad Salih al-Munajjid\|archiveurl=https://web.archive.org/web/20201204173121/https://islamqa.info/en/answers/99756/his-wife-is-not-very-interested-in-intercourse-so-he-resorts-to-masturbation}}\|The wife is obliged to obey her husband if he calls her to his bed, and if she refuses then she is sinning, because of the report narrated by al-Bukhaari (3237) and Muslim (1436) from Abu Hurayrah (may Allaah be pleased with him), that the Prophet (peace and blessings of Allaah be upon him) said: “If a man calls his wife to his bed and she does not come to him, and he goes to sleep angry with her, the angels will curse her until morning.”}}

			Others side with modern values regarding these issues. Khaled Abou al-Fadl is a prominent reformist scholar who has summarised his understanding of modern Islamic views on slavery and sexual exploitation:

			{{Quote\|Khaled Abou al-Fadl, ''The Great Theft: Wrestling Islam from the Extremists''<ref name="alFadl">Khaled Abou al-Fadl, ''The Great Theft: Wrestling Islam from the Extremists'', HarperOne, 2009, p. 255</ref>\|Consider, for example, the recent truly ominous and disturbing development by one of the highest-ranking puritan jurists. Shaykh Saleh al-Fawzan, a Saudi jurist, issued a ''fatwa'' (a legal opinion) in which he claimed that not only is slavery lawful in Islam, but that it ought to be legalized in Saudi Arabia. Al-Fawzan went further in accusing Muslim scholars who condemned and outlawed slavery of being ignorant and infidels. This ''fatwa'' is particularly disturbing and dangerous because it effectively legitimates the trafficking in and sexual exploitation of so-called domestic workers in the Gulf region and especially Saudi Arabia.<BR />
			The position of slavery had been resolved for most of the twentieth century: slavery was condsidered unlawful and immoral, and all Muslim countries without exception had made the practice illegal. Importantly, most Muslim scholars had reached the reasonable conclusion that slavery is inconsistent with Qur'anic morality and the ethical objectives of the Islamic faith. In short, the prohibition of slavery was considered a closed matter.}}

	==Modern revisionary perspectives and criticisms thereof==		==Modern revisionary perspectives and criticisms thereof==

Lightyears: More concise introduction fixing duplication of points, and added detail to clarify a couple of points which are sometimes misrepresented

2023-11-25T20:58:46Z

More concise introduction fixing duplication of points, and added detail to clarify a couple of points which are sometimes misrepresented

← Older revision		Revision as of 20:58, 25 November 2023
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	{{QualityScore\|Lead=4\|Structure=4\|Content=4\|Language=4\|References=4}}Rape, known in [[Islamic law]] as ''zina bil-ikrah'' or ''zina bil-jabr'' (literally "[[Zina\|fornication]] by force"), is a punishable crime generally defined by Muslim jurists as forced intercourse by a man with a [[Islam and Women\|woman]] who is not his wife or [[Slavery\|slave]] and without her consent. There was no concept of consent in Islamic law with regard either to a man's wives or slaves, though they could bring a legal complaint if intercourse with him caused them physical harm. A small number of hadiths ~~were cited by scholars to support the Islamic~~ punishments for ~~rape. These narrations relate to~~ the rape of free women and of female slaves who are not owned by the perpetrator. However, the Qur'an, on numerous occasions, permits Muslim men to have sexual relations with their own female slaves (famously referred to as "what your right hands possess"), often in conjunction with the commandment for men to keep otherwise chaste. In addition, ~~there are hadith narrations of an incident in which Muhammad's companions were permitted to have sex with female war captives prior to them being ransomed back to their tribe, while~~ various ~~other~~ hadiths mention the sexual intercourse which slave owners (including Muhammad) had with their slaves.		{{QualityScore\|Lead=4\|Structure=4\|Content=4\|Language=4\|References=4}}Rape, known in [[Islamic law]] as ''zina bil-ikrah'' or ''zina bil-jabr'' (literally "[[Zina\|fornication]] by force"), is a punishable crime generally defined by Muslim jurists as forced intercourse by a man with a [[Islam and Women\|woman]] who is not his wife or [[Slavery\|slave]] and without her consent. There was no concept of consent in Islamic law with regard either to a man's wives or slaves, though they could bring a legal complaint if intercourse with him caused them physical harm. A small number of hadiths describe punishments for the rape of free women and of female slaves who are not owned by the perpetrator. However, the Qur'an, on numerous occasions, permits Muslim men to have sexual relations with their own female slaves (famously referred to as "what your right hands possess"), often in conjunction with the commandment for men to keep otherwise chaste. In addition, various hadiths mention the sexual intercourse which slave owners (including Muhammad) had with their slaves.

	~~Many~~ Islamic ~~empires in~~ the ~~past have taken non-Muslims~~ as ~~slaves~~ and ~~sex slaves~~ (see [[Slavery in Islamic Law]]). It is important to note, however, that slavery was legally abolished in majority Muslim countries around the world in the 19th and 20th centuries (though ~~persists~~ illegally in a few places such as Mauritania<ref name="Mauritania" />) and all countries signed the 1949 Geneva convention which in article 27 forbids rape and abuse of female captives. It is also now considered forbidden by most scholars in the modern context, though a minority, such as Saudi Sheikh Saleh Al-Fawzan, argue that slavery remains Islamically legitimate. Similarly, today many Muslim-majority countries have made marital rape illegal or offer other legal protections, though others (mainly in the Arab world) do not do so, often explicitly, as also some non-Muslim countries.<ref>As of the early 2020s, marital rape is not recognised as a crime in many Muslim-majority countries, nor in India, China, Myanmar, much of the Caribbean, and much of sub-Saharan Africa, though is illegal in Indonesia, Turkey, the Balkans, most of central Asia, and much of west Africa. See the detailed information in the Wikipedia article [[w:Marital rape laws by country\|Marital rape laws by country]], though note that in some cases the colour-coded map is inaccurate. A lack of legal protection in some countries and / or attitudes which refuse to accept the concept of marital rape exacerbates the predicament of millions of women suffering [[Forced Marriage]] in certain regions of the world.</ref> ~~Human~~ rights groups are also concerned about the risks faced by women reporting rape in some countries where [[Zina]] (illicit sexual intercourse) is a punishable offence, as detailed below.		Islamic law allowed the distribution of female captives as spoils of war and for them to be bought and sold, becoming sexually lawful after a short waiting period to confirm they were not pregnant. Slavery including sexual slavery persisted on a massive scale until modern times (see [[Slavery in Islamic Law]]). It is important to note, however, that slavery was legally abolished in majority Muslim countries around the world in the 19th and 20th centuries (though vast numbers of people remain illegally enslaved in a few places such as Mauritania<ref name="Mauritania" />) and all countries signed the 1949 Geneva convention which in article 27 forbids rape and abuse of female captives. It is also now considered forbidden by most scholars in the modern context, though a minority, such as Saudi Sheikh Saleh Al-Fawzan, argue that slavery remains Islamically legitimate. Similarly, today many Muslim-majority countries have made marital rape illegal or offer other legal protections, though others (mainly in the Arab world) do not do so, often explicitly, as also some non-Muslim countries.<ref>As of the early 2020s, marital rape is not recognised as a crime in many Muslim-majority countries, nor in India, China, Myanmar, much of the Caribbean, and much of sub-Saharan Africa, though is illegal in Indonesia, Turkey, the Balkans, most of central Asia, and much of west Africa. See the detailed information in the Wikipedia article [[w:Marital rape laws by country\|Marital rape laws by country]], though note that in some cases the colour-coded map is inaccurate. A lack of legal protection in some countries and / or attitudes which refuse to accept the concept of marital rape exacerbates the predicament of millions of women suffering [[Forced Marriage]] in certain regions of the world.</ref> While there is no punishment for rape victims, human rights groups are also concerned about the risks faced by women reporting rape in some countries where [[Zina]] (illicit sexual intercourse) is a punishable offence, as detailed below.

	Typically, apologetic approaches to the issue of slaves and concubines propose that the women mentioned in the Quran and hadiths consented to intercourse with their captors and to their enslavement lest they be left destitute since their men had been killed. Critics generally argue that this is highly improbable, point out a hadith in which raped captives were due to be ransomed back to their tribe, and in any case would be incompatible with the modern understanding of consent which could not validly be given in captive circumstances. Some Islamic modernist scholars question the authenticity of the relevant hadiths altogether, in line with their general skepticism towards the hadith corpus and rejection of traditional jurisprudence, and attempt alternative interpretations of the Quranic verses.		Typically, apologetic approaches to the issue of slaves and concubines propose that the women mentioned in the Quran and hadiths consented to intercourse with their captors and to their enslavement lest they be left destitute since their men had been killed. Critics generally argue that this is highly improbable, point out a hadith in which raped captives were due to be ransomed back to their tribe, and in any case would be incompatible with the modern understanding of consent which could not validly be given in captive circumstances. Some Islamic modernist scholars question the authenticity of the relevant hadiths altogether, in line with their general skepticism towards the hadith corpus and rejection of traditional jurisprudence, and attempt alternative interpretations of the Quranic verses.

← Older revision		Revision as of 20:18, 19 May 2025
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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 ~~may have sex with~~ his ~~wives and~~ captives from the war booty===		===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. ~~The verse states that~~ this is ~~a special permission granted~~ for Muhammad ~~alone~~, though ~~it is unclear which part of~~ the verse ~~comprises these exclusive rights~~. ~~A common interpretation was that~~ Muhammad is ~~granted here~~ exemption from the maximum limit of four wives.		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).

	{{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.}}

	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, ~~though~~ maintains his limitless permission to take additional concubines.		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.