Rape in Islamic Law: Difference between revisions

Scenes of Muhammad's companions, and indeed Muhammad himself, engaging in sexual activity with slaves and captives are common throughout hadith literature. While the female perspective is largely absent, leaving the reader to speculate as to whether the female slave or captive would have been receptive to the advances of Muhammad and his companions, it is fair to assume that in at least some (if not most or indeed all) of these cases, the sexual activity occurred without the female's consent and thus qualified as rape. This is particularly clear in the examples that follow where Muhammad's companions initiate sexual contact with the captive women shortly after having slayed their sons, husbands, fathers, and brothers. At the very least, it can be said that in no such case does Muhammad intervene in and that in all such cases he actively permits what, by all appearances, is an instance of his companion's raping a captive or slave. These are originally free [[Kafir|non-Muslims]] who are captured in battle.{{sfn|Saad|1990|p=242}}{{sfn|Badawi|2019|p=17}} The entire population of a conquered territory can be enslaved, thus providing women who are otherwise rare on the battlefield. This paves the path for concubinage.{{sfn|Smith|2006|p=27}} The Muslim military commander is allowed to choose between unconditionally releasing, ransoming or enslaving war captives.{{sfn|Mufti|2019|p=5}} If a person converted to Islam after being enslaved, their emancipation would be considered a pious act but not obligatory.{{sfn|Smith|2006|p=22}} Islamic law does not allow enslavement of free-born Muslims.{{sfn|Gleave|2015|p=142}}