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Rape in Islamic Law: Difference between revisions
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Sahih hadiths in Muslim and Abu Dawud detail the nature of the permission granted by this verse: some of Muhammad's fighters were reluctant to have sexual contact with female captives who were already married to the [[Kafir (Infidel)|un-believing]] men of the defeated party. | Sahih hadiths in Muslim and Abu Dawud detail the nature of the permission granted by this verse: some of Muhammad's fighters were reluctant to have sexual contact with female captives who were already married to the [[Kafir (Infidel)|un-believing]] men of the defeated party. | ||
{{Quote|{{Abu Dawud||2155|darussalam}}|Abu Sa’id Al Khudri said “The Apostle of Allah(ﷺ) 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 Apostle of Allah (ﷺ) were reluctant to have relations with the female captives because of their pagan husbands.''' So, Allah the exalted sent down the Qur’anic verse “And all married women (are forbidden) unto you save those (captives) whom your right hand posses.” This is to say that they are lawful for them when they complete their waiting period.}}The hadith in Sahih Muslim is found in a chapter dedicated to the topic; the chapter is entitled "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>{{Quote|{{Muslim|8|3432}}|Abu Sa'id al-Khudri (Allah her pleased with him) reported that at the Battle of Hanain Allah's Messenger (ﷺ) sent an army to Autas and encountered the enemy and fought with them. Having overcome them and taken them captives, the Companions of Allah's Messenger (may peace te upon him) seemed to refrain from having intercourse with captive women because of their husbands being polytheists. Then Allah, Most High, sent down regarding that: | {{Quote|{{Abu Dawud||2155|darussalam}}|Abu Sa’id Al Khudri said “The Apostle of Allah(ﷺ) 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 Apostle of Allah (ﷺ) were reluctant to have relations with the female captives because of their pagan husbands.''' So, Allah the exalted sent down the Qur’anic verse “And all married women (are forbidden) unto you save those (captives) whom your right hand posses.” This is to say that they are lawful for them when they complete their waiting period.}}The hadith in Sahih Muslim is found in a chapter dedicated to the topic; the chapter is entitled "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>{{Citation|chapter=(9) 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|title=Sahih Muslim (Book of Suckling)|url=https://sunnah.com/muslim/17}} | ||
See the three hadiths it contains: {{Muslim|8|3432|}}, {{Muslim|8|3433|}}, and {{Muslim|8|3434|}}</ref>{{Quote|{{Muslim|8|3432}}|Abu Sa'id al-Khudri (Allah her pleased with him) reported that at the Battle of Hanain Allah's Messenger (ﷺ) sent an army to Autas and encountered the enemy and fought with them. Having overcome them and taken them captives, the Companions of Allah's Messenger (may peace te upon him) seemed to refrain from having intercourse with captive women because of their husbands being polytheists. Then Allah, Most High, sent down regarding that: | |||
'''"And women already married, except those whom your right hands possess (iv. 24)"''' (i. e. they were lawful for them when their 'Idda [waiting] period came to an end).}}Ibn Kathir, the most prominent of all Qur'an interpreters, had this to say in regards to verse 4:24: | '''"And women already married, except those whom your right hands possess (iv. 24)"''' (i. e. they were lawful for them when their 'Idda [waiting] period came to an end).}}Ibn Kathir, the most prominent of all Qur'an interpreters, had this to say in regards to verse 4:24: | ||