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Qur'an, Hadith and Scholars:Rape of Slaves, Prisoners, and Wives: Difference between revisions
Qur'an, Hadith and Scholars:Rape of Slaves, Prisoners, and Wives (view source)
Revision as of 00:22, 14 February 2017
, 14 February 2017→Hadith: Hadiths used by apologists concern rape of slaves owned by someone else
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Lightyears (talk | contribs) (→Raping Prisoners of War: Translation has since been rightly corrected (it only said "because of" in the arabic) + Linked via Dar-us-Salam ref as it's not in USC-MSA partial collection.) |
Lightyears (talk | contribs) (→Hadith: Hadiths used by apologists concern rape of slaves owned by someone else) |
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{{Quote|{{Abu Dawud|31|4006}}|Narrated Mu'awiyah ibn Haydah: I said: Apostle of Allah, from whom should we conceal our private parts and to whom can we show? He replied: conceal your private parts '''except from your wife and from whom your right hands possess (slave-girls)'''...}} | {{Quote|{{Abu Dawud|31|4006}}|Narrated Mu'awiyah ibn Haydah: I said: Apostle of Allah, from whom should we conceal our private parts and to whom can we show? He replied: conceal your private parts '''except from your wife and from whom your right hands possess (slave-girls)'''...}} | ||
===Punishments for Raping Slaves (Owned by Someone Else)=== | |||
Apologists point to a certain incident narrated in Abu Dawud and Nasai'i against rape of slaves. However, these hadiths concern slaves owned by someone other than the rapist, and reparations is due to the owner in the form of a replacement slave or the amount by which the slave's value has been depreciated. The authenticity of hadiths concerning this incident are graded da'if (weak) by al-Albani, while Dar-us-Salam grade them hasan (good). | |||
{{Quote|{{Al Nasai|26|4|26|3365}}|It was narrated that Salamah bin Al-Muhabbaq said: "The Prophet passed judgment concerning a man who had intercourse with his wife's slave woman: 'If he forced her, then she is free, and he has to give her mistress a similar slave as a replacement; if she obeyed him in that, then she belongs to him, and he has to give her mistress a similar slave as a replacement.'"}} | |||
The same hadith is found in {{Abudawud|38|4445}}. | |||
In another version of the incident, the rapist of his wife's slave is to be punished by flogging. | |||
{{Quote|{{Al Nasai|26|4|26|3362}}|It was narrated from An-Nu'man bin Bashir that the Prophet said, concerning a man who had intercourse with his wife's slave woman: "If she let him do that, I will flog him with one hundred stripes , and if she did not let him, I will stone him (to death)."}} | |||
The same hadith in found in {{Abudawud|38|4444}}. | |||
Additionally, Malik in his Muwatta is reported as commenting: | |||
{{Quote|{{Muwatta|36||14}}|Malik related to me from Ibn Shihab that Abd al-Malik ibn Marwan gave a judgment that the rapist had to pay the raped woman her bride- price. Yahya said that he heard Malik say, "What is done in our community about the man who rapes a woman, virgin or non-virgin, if she is free, is that he must pay the bride-price of the like of her. If she is a slave, he must pay what he has diminished of her worth. The hadd-punishment in such cases is applied to the rapist, and there is no punishment applied to the raped woman. If the rapist is a slave, that is against his master unless he wishes to surrender him.}} | |||
The mention of paying the depreciation in her value implies that as with the other hadiths, this concerns only slaves owned by someone else rather than by the rapist. | |||
==Scholars== | ==Scholars== | ||