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Rape in Islamic Law: Difference between revisions
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→Qur'an 4:24 - rape of slaves and captives who were previously married
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{{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.}} | {{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.}} | ||
This verse indicates that women already married are forbidden for Muslims to marry except for those whom their right hands possess (sex [[Slavery|slaves]]). This verse seems to suggest that one can marry and rape his wife after paying the dower and yet enslave another and have intercourse with that [[Kafir (Infidel)|Kafira]] or enslaved female unbeliever (even if the slave was already married, for that past marriage is nullified in the process of enslavement). | This verse indicates that women already married are forbidden for Muslims to marry except for those whom their right hands possess (sex [[Slavery|slaves]]). This verse seems to suggest that one can marry and rape his wife after paying the dower and yet enslave another and have intercourse with that [[Kafir (Infidel)|''Kafira'']], or enslaved female unbeliever, (even if the slave was already married, for that past marriage is nullified in the process of enslavement). | ||
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. | ||