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Rape in Islamic Law: Difference between revisions
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:'''Sahih Muslim - The Book of Suckling - Chapter: It is permissible to have intercourse with a female captive after it is established that she is not pregnant, and if she has a husband, then her marriage is annulled when she is captured'''<ref>https://sunnah.com/muslim/17</ref> | :'''Sahih Muslim - The Book of Suckling - Chapter: It is permissible to have intercourse with a female captive after it is established that she is not pregnant, and if she has a husband, then her marriage is annulled when she is captured'''<ref>https://sunnah.com/muslim/17</ref> | ||
====Hadiths | ====Related 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 ('azl) 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. | ||
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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.}} | 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.}} | ||
=====Muhammad Approves of 'Ali Raping a Slave-Girl===== | |||
This hadith concerns an incident which led up to the famous event of Ghadir Khumm, which is much disputed between Sunnis and Shias. Both agree that Muhammad received complaints about 'Ali taking a slave-girl from the Khums share of the booty (because the complainers believed he was not entitled to anything from that share). The Arabic of the Sunni hadith below mentions 'Ali taking a Ghusl bath, which implies sexual activity. Later at a place called Ghabir Khumm, Muhammad tried to pacify those who hated 'Ali by declaring him to be his Mawla, which Shias interpret to mean the leader to succeed Muhammad after his death. | |||
{{Quote|{{Bukhari|5|59|637}}|Narrated Buraida: | |||
The Prophet (ﷺ) sent `Ali to Khalid to bring the Khumus (of the booty) and I hated `Ali, and `Ali had taken a bath (after a sexual act with a slave-girl from the Khumus). I said to Khalid, "Don't you see this (i.e. `Ali)?" When we reached the Prophet (ﷺ) I mentioned that to him. He said, "O Buraida! Do you hate `Ali?" I said, "Yes." He said, "Do you hate him, for he deserves more than that from the Khumus."}} | |||
=====Muhammad Forbids Intercourse with Pregnant Female Captives Until They Have Given Birth===== | |||
{{Quote|{{Al Tirmidhi||3|19|1564}}|Narrated Umm Habibah bint 'Irbad bin Sariyah: | |||
From her father who told her that the Messenger of Allah (ﷺ) prohibited intercourse with female prisoners, until they deliver what is in their wombs." | |||
[Abu 'Eisa said:] There is something on this topic from Ruwaifi' bin Thabit, and the Hadith of 'Irbad is a Gharib Hadith. This is acted upon according to the people of knowledge. | |||
Al-Awza'i said: "When a man purchases a slave girl from the captives and she is pregnant, then it has been related from 'Umar bin Al-Khattab that he said: 'Do not have intercourse with the pregnant women until she gives birth.'" Al-Awza'i said: "As for the free women, then the Sunnah about them has passed, in that the 'Iddah is observed." All of this was narrated to me by 'Ali bin Khushram who said: " 'Eisa bin Yunus narrated to us from Al-Awza'i."}} | |||
This hadith is graded Hasan by Dar-us-Salam. | |||
====Tafsirs==== | ====Tafsirs==== | ||