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Rape in Islamic Law: Difference between revisions
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{{Quote|{{Bukhari|5|59|459}}|Narrated Ibn Muhairiz: I entered the Mosque and saw Abu Said Al-Khudri and sat beside him and asked him about Al-Azl (i.e. coitus interruptus). Abu Said said, "We went out with Allah's Apostle for the Ghazwa of Banu Al-Mustaliq and we received captives from among the Arab captives and we desired women and celibacy became hard on us and we loved to do coitus interruptus. So when we intended to do coitus interruptus, we said, 'How can we do coitus interruptus before asking Allah's Apostle who is present among us?" We asked (him) about it and he said, 'It is better for you not to do so, for if any soul (till the Day of Resurrection) is predestined to exist, it will exist."}} | {{Quote|{{Bukhari|5|59|459}}|Narrated Ibn Muhairiz: I entered the Mosque and saw Abu Said Al-Khudri and sat beside him and asked him about Al-Azl (i.e. coitus interruptus). Abu Said said, "We went out with Allah's Apostle for the Ghazwa of Banu Al-Mustaliq and we received captives from among the Arab captives and we desired women and celibacy became hard on us and we loved to do coitus interruptus. So when we intended to do coitus interruptus, we said, 'How can we do coitus interruptus before asking Allah's Apostle who is present among us?" We asked (him) about it and he said, 'It is better for you not to do so, for if any soul (till the Day of Resurrection) is predestined to exist, it will exist."}} | ||
In another version of the same hadith in Sahih Muslim (also found in Malik's Muwatta and Abu Dawud), it is said that the Muslims' goal was to ransom the women back to members of the defeated party for monetary gain. It is explained that as a result of not wanting to get the women pregnant prior to ransoming them, Muhammad's companions inquired as to whether coitus interruptus was permissible. | In another version of the same hadith in Sahih Muslim (also found in Malik's Muwatta and Abu Dawud), it is said that the Muslims' goal was to ransom the women back to members of the defeated party for monetary gain. It is explained that as a result of not wanting to get the women pregnant prior to ransoming them, Muhammad's companions inquired as to whether coitus interruptus was permissible. | ||
{{Quote|{{Muslim|8|3371}}; see also {{Muwatta|29||95}} and {{Abudawud||2167|Hasan}}|Abu Sirma said to Abu Sa'id al Khadri (Allah he pleased with him): | {{Quote|{{Muslim|8|3371}}; see also {{Muwatta|29||95}} and {{Abudawud||2167|Hasan}}|Abu Sirma said to Abu Sa'id al Khadri (Allah he pleased with him): | ||
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that while he was sitting with Allah's Messenger (ﷺ) he said, "O Allah's Messenger (ﷺ)! 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 (ﷺ) 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.}} | that while he was sitting with Allah's Messenger (ﷺ) he said, "O Allah's Messenger (ﷺ)! 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 (ﷺ) 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.}} | ||
In these narrations captive women were due to be ransomed back to their tribes. This undermines a common modern apologetic claim that enslavement and intercourse with captive women was permitted in order to save them from destitution after their men had been defeated in battle. | |||
===Umar tells a man to beat his wife for preventing intercourse with his slave girl=== | ===Umar tells a man to beat his wife for preventing intercourse with his slave girl=== | ||
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==Modern perspectives== | ==Modern perspectives== | ||
While most Islamic scholars today are comfortable with at least the temporary abolition of slavery in light of the fact that Islamic scriptures universally praise the freeing of slaves as a meritorious act, few are comfortable with the idea of permanently and irreversibly amending divine law. As a result, the legal rulings relating to slaves and the technical permissibility of owning slaves under the proper circumstances (e.g. under the rule of a "legitimate [[Khilafah (Caliphate)|khilafah]]", or caliphate) persist, as exemplified in the following fatwa from the most popular Islamic [[Fatwas|fatwa]] in the world.{{Quote|1= | While most Islamic scholars today are comfortable with at least the temporary abolition of slavery in light of the fact that Islamic scriptures universally praise the freeing of slaves as a meritorious act, few are comfortable with the idea of permanently and irreversibly amending divine law. As a result, the legal rulings relating to slaves and the technical permissibility of owning slaves under the proper circumstances (e.g. under the rule of a "legitimate [[Khilafah (Caliphate)|khilafah]]", or caliphate) persist, as exemplified in the following fatwa from the most popular Islamic [[Fatwas|fatwa]] website in the world, based in Saudi Arabia.{{Quote|1= | ||
{{citation|url=https://islamqa.info/en/answers/13737/what-is-the-ruling-on-intimacy-with-slave-women | archiveurl=https://archive.fo/16upP| chapter= Fatwa No. 13737: What is the ruling on intimacy with slave women?|publisher= Islam Q&A|date= March 18, 2004|editor=Muhammad Salih al-Munajjid}}|2=With regard to your question about it being permissible for a master to be intimate with his slave woman, the answer is that that is because Allaah has permitted it. }}Likewise, as with all rulings of the shariah, the basic rulings governing family relations are unchanging. It would be difficult even today to find a trusted Islamic authority that does not still, at some level, permit marital rape and give general license for [[Wife Beating in Islamic Law|wife beating]] as a potential means by which to compel one's able but unwilling spouse into sexual activity, among other things. | {{citation|url=https://islamqa.info/en/answers/13737/what-is-the-ruling-on-intimacy-with-slave-women | archiveurl=https://archive.fo/16upP| chapter= Fatwa No. 13737: What is the ruling on intimacy with slave women?|publisher= Islam Q&A|date= March 18, 2004|editor=Muhammad Salih al-Munajjid}}|2=With regard to your question about it being permissible for a master to be intimate with his slave woman, the answer is that that is because Allaah has permitted it. }}Likewise, as with all rulings of the shariah, the basic rulings governing family relations are unchanging. It would be difficult even today to find a trusted Islamic authority that does not still, at some level, permit marital rape and give general license for [[Wife Beating in Islamic Law|wife beating]] as a potential means by which to compel one's able but unwilling spouse into sexual activity, among other things. | ||