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

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{{Quote|{{Muslim|8|3432}}|Abu Sa'id al-Khudri (Allah her pleased with him) reported that at the Battle of Hanain Allah's Messenger (may peace be upon him) 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 period came to an end).}}
{{Quote|{{Muslim|8|3432}}|Abu Sa'id al-Khudri (Allah her pleased with him) reported that at the Battle of Hanain Allah's Messenger (may peace be upon him) 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 period came to an end).}}


{{Quote|{{Muslim|8|3433}}, See also: {{Muslim|8|3433}}|Abu Sa'id al-Khudri (Allah be pleased with him) reported that Allah's Apostle (may peace be upon him) sent a small army. The rest of the hadith is the same except this that he said: Except what your right hands possessout of them are lawful for you; and he did not mention" when their 'idda period comes to an end". This hadith has been reported on the authority of AbuSa'id (al-Khudri) (Allah be pleased with him) through another chain of transmitters and the words are: They took captives (women) on the day of Autas who had their husbands. They were afraid (to have sexual intercourse with them) when this verse was revealed:" And women already married except those whom you right hands posses" (iv. 24)}}
{{Quote|{{Muslim|8|3433}}|Abu Sa'id al-Khudri (Allah be pleased with him) reported that Allah's Apostle (may peace be upon him) sent a small army. The rest of the hadith is the same except this that he said: Except what your right hands possessout of them are lawful for you; and he did not mention" when their 'idda period comes to an end". This hadith has been reported on the authority of AbuSa'id (al-Khudri) (Allah be pleased with him) through another chain of transmitters and the words are: They took captives (women) on the day of Autas who had their husbands. They were afraid (to have sexual intercourse with them) when this verse was revealed:" And women already married except those whom you right hands posses" (iv. 24)}}


{{Quote|{{Muslim|8|3371}}|"Abu Sirma said to Abu Sa'id al Khadri (Allah he pleased with him): 0 Abu Sa'id, did you hear Allah's Messenger (may peace be upon him) mentioning al-'azl? He said: Yes, and added: We went out with Allah's Messenger (may peace be upon him) on the expedition to the Bi'l-Mustaliq and took captive some excellent Arab women; and we desired them, for we were suffering from the absence of our wives, (but at the same time) we also desired ransom for them. So we decided to have sexual intercourse with them but by observing 'azl (Interruptus Coitus - Withdrawing the male sexual organ before emission of semen to avoid-conception). But we said: We are doing an act whereas Allah's Messenger is amongst us; why not ask him? So we asked Allah's Mes- senger (may peace be upon him), and he said: It does not matter if you do not do it, for every soul that is to be born up to the Day of Resurrection will be born."}}
{{Quote|{{Muslim|8|3371}}|"Abu Sirma said to Abu Sa'id al Khadri (Allah he pleased with him): 0 Abu Sa'id, did you hear Allah's Messenger (may peace be upon him) mentioning al-'azl? He said: Yes, and added: We went out with Allah's Messenger (may peace be upon him) on the expedition to the Bi'l-Mustaliq and took captive some excellent Arab women; and we desired them, for we were suffering from the absence of our wives, (but at the same time) we also desired ransom for them. So we decided to have sexual intercourse with them but by observing 'azl (Interruptus Coitus - Withdrawing the male sexual organ before emission of semen to avoid-conception). But we said: We are doing an act whereas Allah's Messenger is amongst us; why not ask him? So we asked Allah's Mes- senger (may peace be upon him), and he said: It does not matter if you do not do it, for every soul that is to be born up to the Day of Resurrection will be born."}}
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{{Quote|{{Abu Dawud||2155|darussalam}}|"Abu Sa’id al-Khudri said: The Apostle of Allah (may peace be upon him) 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 (may peace be upon him) were reluctant to have intercourse with the female captives because of their pagan husbands. So Allah, the Exalted, sent down the Qur’anic 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."}}
{{Quote|{{Abu Dawud||2155|darussalam}}|"Abu Sa’id al-Khudri said: The Apostle of Allah (may peace be upon him) 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 (may peace be upon him) were reluctant to have intercourse with the female captives because of their pagan husbands. So Allah, the Exalted, sent down the Qur’anic 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."}}


{{Quote|{{Abu Dawud|11|2153}}|Narrated Ruwayfi' ibn Thabit al-Ansari: Should I tell you what I heard the Apostle of Allah (peace be upon him) say on the day of Hunayn: It is not lawful for a man who believes in Allah and the last day to water what another has sown with his water (meaning intercourse with women who are pregnant); it is not lawful for a man who believes in Allah and the Last Day to have intercourse with a captive woman '''till''' she is free from a menstrual course; and it is not lawful for a man who believes in Allah and the Last Day to sell spoil till it is divided.|See also Abu Dawud vol.2 no.2154}}
{{Quote|{{Abu Dawud|11|2153}}; see also [https://quranx.com/Hadith/AbuDawud/Hasan/Hadith-2154 Abu Dawud 2154]|Narrated Ruwayfi' ibn Thabit al-Ansari: Should I tell you what I heard the Apostle of Allah (peace be upon him) say on the day of Hunayn: It is not lawful for a man who believes in Allah and the last day to water what another has sown with his water (meaning intercourse with women who are pregnant); it is not lawful for a man who believes in Allah and the Last Day to have intercourse with a captive woman '''till''' she is free from a menstrual course; and it is not lawful for a man who believes in Allah and the Last Day to sell spoil till it is divided.}}


===Raping Slaves===
===Raping Slaves===
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that while he was sitting with Allah's Apostle he said, "O Allah's Apostle! 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 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.}}
that while he was sitting with Allah's Apostle he said, "O Allah's Apostle! 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 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.}}


{{Quote|{{Abudawud|8|3383}}|Jabir (Allah be pleased with him) reported that a man came to Allah's Messenger (may peace be upon him) and said: '''I have a slave-girl who is our servant and she carries water for us and I have intercourse with her, but I do not want her to conceive. He said: Practise 'azl, if you so like''', but what is decreed for her will come to her. The person stayed back (for some time) and then came and said: The girl has become pregnant, whereupon he said:I told you what was decreed for her would come to her.}}
{{Quote|{{Muslim|8|3383}}|Jabir (Allah be pleased with him) reported that a man came to Allah's Messenger (may peace be upon him) and said: '''I have a slave-girl who is our servant and she carries water for us and I have intercourse with her, but I do not want her to conceive. He said: Practise 'azl, if you so like''', but what is decreed for her will come to her. The person stayed back (for some time) and then came and said: The girl has become pregnant, whereupon he said:I told you what was decreed for her would come to her.}}


{{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)'''...}}
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Additionally, Malik in his Muwatta is reported as commenting:
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 ([[mahr]]). 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.}}
{{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 ([[Mahr (Marital Price)|mahr]]). 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.
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.
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==See Also==
==See Also==


{{Hub4|Rape|Rape}}
*[[Rape in Islamic Law]]
{{Hub4|Violence Against Women (Primary Sources)|Violence Against Women (Primary Sources)}}
*[[Qur'an, Hadith and Scholars:Violence Against Women|Violence Against Women]]


==References==
==References==
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[[Category:QHS]]
[[Category:QHS]]
[[Category:Islam and Women]]
[[Category:Women]]
[[Category:Islamic Law]]
[[Category:Shariah (Islamic Law)]]
[[Category:Honor violence]]
[[Category:Honor violence]]
[[Category:Marriage]]
[[Category:Marriage]]
[[Category:Sex]]
[[Category:Sex]]
[[Category:Jihad]]
[[Category:Jihad]]
[[Category:Islam and Slavery]]
[[Category:Slavery]]
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