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Women in Islamic Law: Difference between revisions
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→Permissibility of raping captives and slaves
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==Concubinage== | ==Concubinage== | ||
===Permissibility of female sexual slavery=== | ===Permissibility of female sexual slavery=== | ||
{{Main|Rape in Islamic Law|Qur'an, Hadith and Scholars:Rape|Qur'an, Hadith and Scholars:Al-'Azl}} | |||
In nearly every instance where the Quran commands (men) to be chaste, it repeats that they need not be chaste with their wives and 'those whom their right hand possesses', which is universally acknowledged by historians and Islamic scholars as an Arabic euphemism which refers to one's slaves.{{Quote|{{Quran|23|6}}; see also {{Quran|4|3}} & {{Quran|4|24}}| Those who humble themselves in their prayers; Who avoid vain talk; Who are active in deeds of charity; Who abstain from sex, Except with those joined to them in the marriage bond, '''or (the captives) whom their right hands possess,'''- for (in their case) they are free from blame.}} | In nearly every instance where the Quran commands (men) to be chaste, it repeats that they need not be chaste with their wives and 'those whom their right hand possesses', which is universally acknowledged by historians and Islamic scholars as an Arabic euphemism which refers to one's slaves.{{Quote|{{Quran|23|6}}; see also {{Quran|4|3}} & {{Quran|4|24}}| Those who humble themselves in their prayers; Who avoid vain talk; Who are active in deeds of charity; Who abstain from sex, Except with those joined to them in the marriage bond, '''or (the captives) whom their right hands possess,'''- for (in their case) they are free from blame.}} | ||
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====Permissibility of raping captives and slaves==== | ====Permissibility of raping captives and slaves==== | ||
Rape, known in [[Islamic law]] as ''zina bil-ikrah'' or ''zina bil-jabr'' (literally "[[Zina|fornication]] by force"), is generally defined by Muslim jurists as forced intercourse by a man with a [[Islam and Women|woman]] who is not his wife or [[Slavery|slave]] and without her consent. As with enslaved females, according to Islamic law, married women are required to oblige their husbands sexual advances - raping one's wife is permissible.<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 concept of "rape" is thus deemed to be equally non-existent in the contexts of both marriage and slavery. | |||
A small number of hadiths are cited to support the Islamic punishments for rape. These narrations relate to the rape of free women and of female slaves who are not owned by the perpetrator. However, the Qur'an, on numerous occasions, permits Muslim men to have sexual relations with their own female slaves (famously referred to as "what your right hand possesses"), often in conjunction with the commandment for men to keep otherwise chaste. In addition, there are narrations in which female captives were raped prior to being ransomed back to their tribe.{{Quote|1={{Bukhari|3|34|432}}|2=Narrated Abu Said Al-Khudri: that while he was sitting with Allah's Apostle he said, "O Allah's Apostle! '''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 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."}} | A small number of hadiths are cited to support the Islamic punishments for rape. These narrations relate to the rape of free women and of female slaves who are not owned by the perpetrator. However, the Qur'an, on numerous occasions, permits Muslim men to have sexual relations with their own female slaves (famously referred to as "what your right hand possesses"), often in conjunction with the commandment for men to keep otherwise chaste. In addition, there are narrations in which female captives were raped prior to being ransomed back to their tribe.{{Quote|1={{Bukhari|3|34|432}}|2=Narrated Abu Said Al-Khudri: that while he was sitting with Allah's Apostle he said, "O Allah's Apostle! '''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 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."}} | ||