Rape in Islamic Law: Difference between revisions

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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=Muh Endriyo |last=Susila  | year= 2013 |url=https://journal.umy.ac.id/index.php/jmh/article/download/271/234| title=Islamic Perspective on Marital Rape |issue=2|volume=20|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=Muh Endriyo |last=Susila  | year= 2013 |url=https://journal.umy.ac.id/index.php/jmh/article/download/271/234| title=Islamic Perspective on Marital Rape |issue=2|volume=20|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.
==Definitions==
{{Quote|1=
{{cite web quotebox|url= http://islamqa.info/en/10382|title= Ruling on having intercourse with a slave woman when one has a wife|publisher= Islam Q&A, Fatwa No. 10382|author= |date= November  24, 2005|archiveurl= http://www.webcitation.org/query?url=http://www.islamqa.com/en/ref/10382&date=2012-01-17|deadurl=no}}|2=Islam allows a man to have intercourse with his slave woman, whether he has a wife or wives or he is not married...Whoever regards that as haraam is a sinner who is going against the consensus of the scholars. }}
===Rape===
{{Quote|1=[{{Reference archive|1=http://dictionary.reference.com/browse/rape|2=2012-02-17}} Rape]<BR>Dictionary.com|2='''rape''' [reyp]  '''''noun, verb,'' raped, rap·ing.''' 
'''''noun'''''
# the unlawful compelling of a person through physical force or duress to have sexual intercourse.}}
====Duress====
{{Quote|1=[{{Reference archive|1=http://en.wikipedia.org/wiki/Duress|2=2012-02-17}} Duress]<BR>Wikipedia|2=In jurisprudence, duress or coercion refers to a situation whereby a person performs an act as a result of violence, threat or other pressure against the person. Black's Law Dictionary (6th ed.) defines duress as "any unlawful threat or coercion used... to induce another to act [or not act] in a manner [they] otherwise would not [or would]". Duress is pressure exerted upon a person to coerce that person to perform an act that he or she ordinarily would not perform. The notion of duress must be distinguished both from undue influence in the civil law and from necessity.
Duress has two aspects. One is that it negates the person's consent to an act, such as sexual activity or the entering into a contract; or, secondly, as a possible legal defense or justification to an otherwise unlawful act.<ref>Gaines, Larry; Miller, LeRoy (2006). Criminal Justice In Action: The Core. Thomson/Wadsworth. ISBN 0-495-00305-0.</ref> A defendant utilizing the duress defense admits to breaking the law, but claims that he/she is not liable because, even though the act broke the law, it was only performed because of extreme unlawful pressure.<ref>[http://www.pi1stclass.com/glossary.htm 1st Class Investigations Glossary]</ref> In criminal law, a duress defense is similar to a plea of guilty, admitting partial culpability, so that if the defense is not accepted then the criminal act is admitted.
Duress or coercion can also be raised in an allegation of rape or sexual assault to negate a defense of consent on the part of the person making the allegation.}}


==Qur'an==
==Qur'an==
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The Messenger of Allah (ﷺ) was asked about a man who divorced his wife three times, and she married another who entered upon her, but divorced her before having intercourse with her, whether she was lawful for the former husband. She said: The Prophet (ﷺ) replied: She is not lawful for the first (husband) until she tastes the honey of the other husband and he tastes her honey. }}
The Messenger of Allah (ﷺ) was asked about a man who divorced his wife three times, and she married another who entered upon her, but divorced her before having intercourse with her, whether she was lawful for the former husband. She said: The Prophet (ﷺ) replied: She is not lawful for the first (husband) until she tastes the honey of the other husband and he tastes her honey. }}


==Punishments for Rape==  
==Punishments for Rape==
{{Quote|1=
 
{{cite web quotebox|url= http://islamqa.info/en/10382|title= Ruling on having intercourse with a slave woman when one has a wife|publisher= Islam Q&A, Fatwa No. 10382|author= |date= November  24, 2005|archiveurl= http://www.webcitation.org/query?url=http://www.islamqa.com/en/ref/10382&date=2012-01-17|deadurl=no}}|2=Islam allows a man to have intercourse with his slave woman, whether he has a wife or wives or he is not married...Whoever regards that as haraam is a sinner who is going against the consensus of the scholars. }}
===Rape of Free Women===
===Rape of Free Women===


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