Rape in Islamic Law: Difference between revisions

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Dr. Jonathan Brown, Associate Professor and Chair of Islamic Civilization at Georgetown University (who is a Muslim convert) has made similar comments.<ref>"In the case of a slave-concubine, consent was irrelevant because of the master's ownership of the woman in question" Brown, J.A.C. "Slavery & Islam", Chapter 7, London: Oneworld Publications, 2019</ref><ref>"'slave rape' is a tough term to decipher from a Shariah perspective. A male owner of a female slave has the right to sexual access to her. Though he could not physically harm her without potentially being held legally accountable if she complained, her 'consent' would be meaningless since she is his slave." [https://np.reddit.com/r/islam/comments/3h1abm/this_is_dr_jonathan_brown_professor_at_georgetown/cu3dkhd/ Comment by Dr. Jonathan AC Brown on his Reddit AMA session], 2016 [http://www.webcitation.org/6yjfiW2ch Archive]</ref> Furthermore, there are narrations in which female captives were raped prior to being ransomed back to their tribe.
Dr. Jonathan Brown, Associate Professor and Chair of Islamic Civilization at Georgetown University (who is a Muslim convert) has made similar comments.<ref>"In the case of a slave-concubine, consent was irrelevant because of the master's ownership of the woman in question" Brown, J.A.C. "Slavery & Islam", Chapter 7, London: Oneworld Publications, 2019</ref><ref>"'slave rape' is a tough term to decipher from a Shariah perspective. A male owner of a female slave has the right to sexual access to her. Though he could not physically harm her without potentially being held legally accountable if she complained, her 'consent' would be meaningless since she is his slave." [https://np.reddit.com/r/islam/comments/3h1abm/this_is_dr_jonathan_brown_professor_at_georgetown/cu3dkhd/ Comment by Dr. Jonathan AC Brown on his Reddit AMA session], 2016 [http://www.webcitation.org/6yjfiW2ch Archive]</ref> Furthermore, there are narrations in which female captives were raped prior to being ransomed back to their tribe.


As with enslaved females, according to Islamic law, married women are required to oblige their husbands sexual advances - raping one's wife is not punishable.<ref>{{Cite journal|first=Susila |last= Muh Endriyo | year= 2013 |url=https://journal.umy.ac.id/index.php/jmh/article/download/271/234| title=Islamic Perspective on Marital Rape | edition=20|volume=2|publisher=Jurnal Media Hukum |p.=328}}</ref> . The category of "rape" is thus deemed to be equally non-existent in the contexts of both marriage and slavery.
As with enslaved females, according to Islamic law, married women are required to oblige their husbands sexual advances - raping one's wife is not punishable.<ref>{{Cite journal|first=Susila |last= Muh Endriyo | year= 2013 |url=https://journal.umy.ac.id/index.php/jmh/article/download/271/234| title=Islamic Perspective on Marital Rape |edition=20|volume=2|publisher=Jurnal Media Hukum |page=328}}</ref> . The category of "rape" is thus deemed to be equally non-existent in the contexts of both marriage and slavery.


==Definitions==
==Definitions==
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