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Rape in Islamic Law: Difference between revisions
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→Hadiths - Rape of Female Captives Before Ransoming Them
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====Hadiths - Rape of Female Captives Before Ransoming Them==== | ====Hadiths - Rape of Female Captives Before Ransoming Them==== | ||
On another occasion the only issue of concern for Muhammad's companions was whether the practice of coitus interruptus was permissable while raping captive women. | On another occasion the only issue of concern for Muhammad's companions was whether the practice of coitus interruptus ('azl) was permissable while raping captive women. | ||
{{Quote|{{Bukhari|5|59|459}}|Narrated Ibn Muhairiz: I entered the Mosque and saw Abu Said Al-Khudri and sat beside him and asked him about Al-Azl (i.e. coitus interruptus). Abu Said said, "We went out with Allah's Apostle for the Ghazwa of Banu Al-Mustaliq and we received captives from among the Arab captives and we desired women and celibacy became hard on us and we loved to do coitus interruptus. So when we intended to do coitus interrupt us, we said, 'How can we do coitus interruptus before asking Allah's Apostle who is present among us?" We asked (him) about it and he said, 'It is better for you not to do so, for if any soul (till the Day of Resurrection) is predestined to exist, it will exist."}} | {{Quote|{{Bukhari|5|59|459}}|Narrated Ibn Muhairiz: I entered the Mosque and saw Abu Said Al-Khudri and sat beside him and asked him about Al-Azl (i.e. coitus interruptus). Abu Said said, "We went out with Allah's Apostle for the Ghazwa of Banu Al-Mustaliq and we received captives from among the Arab captives and we desired women and celibacy became hard on us and we loved to do coitus interruptus. So when we intended to do coitus interrupt us, we said, 'How can we do coitus interruptus before asking Allah's Apostle who is present among us?" We asked (him) about it and he said, 'It is better for you not to do so, for if any soul (till the Day of Resurrection) is predestined to exist, it will exist."}} | ||
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{{Quote|{{Muslim|8|3371}}|Abu Sirma said to Abu Sa'id al Khadri (Allah he pleased with him): | {{Quote|{{Muslim|8|3371}}|Abu Sirma said to Abu Sa'id al Khadri (Allah he pleased with him): | ||
O Abu Sa'id, did you hear Allah's Messenger (ﷺ) mentioning al-'azl? He said: Yes, and added: We went out with Allah's Messenger (ﷺ) 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 (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 | O Abu Sa'id, did you hear Allah's Messenger (ﷺ) mentioning al-'azl? He said: Yes, and added: We went out with Allah's Messenger (ﷺ) 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 (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 Messenger (ﷺ), 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.}} | ||
The same hadith including the ransom comment appears also in {{Abu Dawud||2167|Hasan}} (graded sahih). | The same hadith including the ransom comment appears also in {{Muwatta|29||95}} and {{Abu Dawud||2167|Hasan}} (graded sahih). | ||
The story also appears in Sahih Bukhari, where it is even clearer that Muhammad understood exactly the intentions of his companions and his only concern was the method of intercourse: | |||
{{Quote|{{Bukhari|3|34|432}}|Narrated Abu Sa`id Al-Khudri: | |||
that while he was sitting with Allah's Messenger (ﷺ) he said, "O Allah's Messenger (ﷺ)! We get female captives as our share of booty, '''and we are interested in their prices''', what is your opinion about coitus interruptus?" The Prophet (ﷺ) 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.}} | |||
====Tafsirs==== | ====Tafsirs==== | ||