2,743
edits
Rape in Islamic Law: Difference between revisions
Jump to navigation
Jump to search
→Qur'an
| [checked revision] | [checked revision] |
Lightyears (talk | contribs) |
Lightyears (talk | contribs) (→Qur'an) |
||
| Line 36: | Line 36: | ||
===Verse 4:24=== | ===Verse 4:24=== | ||
{{Quote|{{Quran|4|24}}|Also ( | {{Quote|{{Quran-range|4|23|24}}|Prohibited to you (For marriage) are:- Your mothers, daughters, sisters; father's sisters, Mother's sisters; brother's daughters, sister's daughters; foster-mothers (Who gave you suck), foster-sisters; your wives' mothers; your step-daughters under your guardianship, born of your wives to whom ye have gone in,- no prohibition if ye have not gone in;- (Those who have been) wives of your sons proceeding from your loins; and two sisters in wedlock at one and the same time, except for what is past; for Allah is Oft-forgiving, Most Merciful;-'''Also (prohibited are) women already married, except those whom your right hands possess''': Thus hath Allah ordained (Prohibitions) against you: Except for these, all others are lawful, provided ye seek (them in marriage) with gifts from your property,- desiring chastity, not lust, seeing that ye derive benefit from them, give them their dowers (at least) as prescribed; but if, after a dower is prescribed, agree Mutually (to vary it), there is no blame on you, and Allah is All-knowing, All-wise.}} | ||
The Qur'an dictates in this verse that women already married are forbidden for Muslims to marry except those whom their right hands possess (sex [[Slavery|slaves]]). Other verses give the green light for sexual intercourse with female slaves without even marrying them first (see below). | |||
====Context in Hadiths - Rape of Married Female Captives==== | ====Context in Hadiths - Rape of Married Female Captives==== | ||
| Line 58: | Line 58: | ||
:'''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> | ||
==== | ====Tafsirs==== | ||
=====Rape of Female Captives Before Ransoming Them | Ibn Kathir, the most prominent of all Qur'an interpreters, had this to say in regards to verse 4:24: | ||
{{Quote|1=[http://tafsir.com/default.asp?sid=4&tid=10803 Forbidding Women Already Married, Except for Female Slaves]<BR>Tafsir Ibn Kathir|2=The Ayah (verses) means Also (forbidden are) women already married, except those whom your right hands possess.), you are prohibited from marrying women who are already married, except those whom your right hands possess) except those whom you acquire through war, for you are allowed such women after making sure they are not pregnant. Imam Ahmad recorded that Abu Sa`id Al-Khudri said, "We captured some women from the area of Awtas who were already married, and we disliked having sexual relations with them because they already had husbands. So, we asked the Prophet about this matter, and this Ayah (verse) was revealed, Also (forbidden are) women already married, except those whom your right hands possess). Accordingly, we had sexual relations with these women." (Alternate translation can be: as a result of these verses, their (Infidels) wives have become lawful for us) This is the wording collected by At-Tirmidhi An-Nasa'i, Ibn Jarir and Muslim in his Sahih.}} | |||
Similarly in Tafsir al-Jalalayn (Qur'an interpretation by two Jalals namely: Jalaluddin Mahalli and Jalaluddin Suyuti): | |||
{{Quote|1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=4&tAyahNo=24&tDisplay=yes&UserProfile=0&LanguageId=2 Qur'an 4:24]<BR>Tafsir al-Jalalayn|2=And, forbidden to you are, wedded women, those with spouses, that you should marry them before they have left their spouses, be they Muslim free women or not; save what your right hands own, of captured [slave] girls, whom you may have sexual intercourse with, even if they should have spouses among the enemy camp, but only after they have been absolved of the possibility of pregnancy [after the completion of one menstrual cycle]; this is what God has prescribed for you.}} | |||
The tafsir attributed to Ibn Abbas, Muhammad's paternal cousin, further confirms: | |||
{{Quote|1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=73&tSoraNo=4&tAyahNo=24&tDisplay=yes&UserProfile=0&LanguageId=2 Qur'an 4:24]<BR>Tafsir 'Ibn Abbas| 2= And all married women (are forbidden unto you save those (captives) whom your right hands possess) of captives, even if they have husbands in the Abode of War, after ascertaining that they are not pregnant, by waiting for the lapse of one period of menstruation. (It is a decree of Allah for you) that which I have mentioned to you is unlawful in Allah's Book.}} | |||
===Verses 23:1-6=== | |||
There are other verses in the Qur'an similar to verse 4:24, but which mention sexual relations with slaves as a category distinct from wives, so it is clear that this is permitted without marrying the slave first. For example, Surah [[The Holy Qur'an: Al-Mumenoon (The Believers)|al-Mumenoon]] makes mention of successful Muslims and their characteristics: | |||
{{Quote|{{Quran|23|1-6}}|Certainly will the believers have succeeded: They who are during their prayer humbly submissive And they who turn away from ill speech And they who are observant of zakah '''And they who guard their private parts Except from their wives or those their right hands possess''', for indeed, they will not be blamed}} | |||
Guarding private parts is denotative of abstaining from sexual activities. The Qur'an points out successful believers are those who are indulging in sexual activities only with their wives and sex-slaves. | |||
===Verses 70:29-30=== | |||
This is confirmed again in Surah [[The Holy Qur'an: Al-Maarij (The Ascending Stairways)|al-Maarij]]: | |||
{{Quote|{{Quran|70|29-30}}|And those who guard their private parts, Except from their wives or those their right hands possess, for indeed, they are not to be blamed}} | |||
==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. | ||
| Line 79: | Line 106: | ||
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. | 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. | ||
| Line 87: | Line 114: | ||
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."}} | 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=== | |||
The following hadith is graded Hasan by Dar-us-Salam: | |||
{{Quote|{{Al Tirmidhi||3|19|1564}}|Narrated Umm Habibah bint 'Irbad bin Sariyah: | {{Quote|{{Al Tirmidhi||3|19|1564}}|Narrated Umm Habibah bint 'Irbad bin Sariyah: | ||
| Line 93: | Line 122: | ||
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."}} | 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."}} | ||
This hadith is graded | Similarly in Sunan Abu Dawud. This hadith is graded Sahih by Dar-us-Salam: | ||
{{Quote|{{ | {{Quote|{{Abudawud||2152|hasan}}|Abu Sa’id Al Khudri traced to Prophet (ﷺ) the following statement regarding the captives taken at Atwas. There must be no intercourse with pregnant woman till she gives birth to her child or with the one who is not pregnant till she has had one menstrual period.}} | ||
==Punishments for Rape== | ==Punishments for Rape== | ||