Rape in Islamic Law: Difference between revisions

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→‎Context: correction as "in the presence of" in the translation is just "because of" in the Arabic
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(→‎Context: correction as "in the presence of" in the translation is just "because of" in the Arabic)
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{{Quote|Abu Dawud 11:2150| Abu Said al-Khudri said: "The apostle of Allah 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 were reluctant to have intercourse with the female captives in the presence of their husbands who were unbelievers. So Allah, the Exalted, sent down the Quranic 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." [The Quran verse is 4:24] <ref>[http://quranx.com/hadith/AbuDawud/Book-12/Hadith-110/ Sunan Abu Dawud - Book 12, Hadith 110], Quranx.com ([http://www.webcitation.org/6brTvQ0Nx archive])</ref>}}
{{Quote|Abu Dawud 11:2150| Abu Said al-Khudri said: "The apostle of Allah 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 were reluctant to have intercourse with the female captives in the presence of their husbands who were unbelievers. So Allah, the Exalted, sent down the Quranic 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." [The Quran verse is 4:24] <ref>[http://quranx.com/hadith/AbuDawud/Book-12/Hadith-110/ Sunan Abu Dawud - Book 12, Hadith 110], Quranx.com ([http://www.webcitation.org/6brTvQ0Nx archive])</ref>}}


Here in the above hadith, we are told why verse 4:24 was revealed to [[Muhammad]]. It was to encourage his fighters, who were reluctant, to have sexual contacts with female captives even while their husbands were alive as prisoners of war. This is made clear when we read:
Here in the above hadith, we are told why verse 4:24 was revealed to [[Muhammad]]. It was to encourage his fighters, who were reluctant, to have sexual contacts with female captives even while their husbands were alive. This is made clear when we read:


:'''"Some of the Companions of the apostle of Allah were reluctant to have intercourse with the female captives in the presence of their husbands who were unbelievers."'''
:'''"Some of the Companions of the apostle of Allah were reluctant to have intercourse with the female captives in the presence of their husbands who were unbelievers."'''  
(the Arabic actually says "because of their husbands" as with the Sahih Muslim version below, rather than "in the presence of their husbands", but the point is that it did not matter to them that these women were still married).


The Abu Dawud hadith is confirmed by the two Sahih collections, namely Sahih Bukhari and Sahih Muslim.  
The Abu Dawud hadith is confirmed by the two Sahih collections, namely Sahih Bukhari and Sahih Muslim.  
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