Qur'an, Hadith and Scholars:Rape of Slaves, Prisoners, and Wives: Difference between revisions

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{{Quote|[http://www.bysiness.co.uk/Classical_Other/hedaya.htm The Hidaya (ref. 11, p. 141)]<BR>Sheikh Burhanuddin Abi Al Hasan Ali Marghinani|But not if she be refractory.—If a wife be disobedient or refractory and go abroad without her husband’s consent, she is not entitled to any support from him, until she return and make submission, because the rejection of the matrimonial restraint in this instance originates with her; but when she returns home, she is then subject to it, for which reason she again becomes entitled to her support as before. It is otherwise where a woman, residing in the house of her husband, refuses to admit him to the conjugal embrace, as she is entitled to maintenance, notwithstanding her opposition, because being then in his power, he may, if he please, enjoy her by force.}}
{{Quote|[http://www.bysiness.co.uk/Classical_Other/hedaya.htm The Hidaya (ref. 11, p. 141)]<BR>Sheikh Burhanuddin Abi Al Hasan Ali Marghinani|But not if she be refractory.—If a wife be disobedient or refractory and go abroad without her husband’s consent, she is not entitled to any support from him, until she return and make submission, because the rejection of the matrimonial restraint in this instance originates with her; but when she returns home, she is then subject to it, for which reason she again becomes entitled to her support as before. It is otherwise where a woman, residing in the house of her husband, refuses to admit him to the conjugal embrace, as she is entitled to maintenance, notwithstanding her opposition, because being then in his power, he may, if he please, enjoy her by force.}}
{{Quote|The Hidaya p.599. Archived at [https://archive.org/details/TheHedayaCommentaryOnIslamicLawsByShyakhBurhanuddinAbuBakrAlMarghinani]|A man may view his wife or his slave in any part.—It is lawful for a man to look at his slave girl in any part, provided he be not related him within the prohibited degrees; and also at his wife in any part, even in the pudenda, if he pleases; because the Prophet said, “shut your eyes from all excepting your wives and female slaves.” Nevertheless, it is most becoming that a husband and wife should neither of them look at the genital parts of the other, as the Prophet gas said, “when ye copulate with women of your own tribe, you must conceal as much s possible; and be not then naked, as that savours too much of the custom of asses.” }}
{{Quote|The Hidaya p.600. Archived at [https://archive.org/details/TheHedayaCommentaryOnIslamicLawsByShyakhBurhanuddinAbuBakrAlMarghinani]|'''A man may gratify his passion with his female slave in whatever way he pleases- It is lawful for a man to perform the act of Azil (i.e. coitus interruptus) with his female slave without her consent,''' whereas he cannot lawfully do so by his wife unless with her permission. –The reason of this is that the Prophet has forbidden the act of Azil with a free woman without her consent but has permitted it to a master in the case of his female slave. Besides, carnal connexion is the right of a free woman for the gratifying of her passion, and the propagation of children (whence it is that a wife is at liberty to reject a husband who is an eunuch or impotent); whereas a slave possesses no such right.—A man, therefore, is not at liberty to injure the right of his wife, whereas a master is absolute with respect to his slave. If, also, a man should marry the female slave of another, he must not perform the act of Azil with her without the consent of her master. }}


===Modern Views===
===Modern Views===
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