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Rape in Islamic Law: Difference between revisions
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While it is relatively well known that [[Forced Marriage|forced marriage]] of [[Child Marriage in Islamic Law|children was permitted]] by all schools of Islamic Jurisprudence and that some did not require puberty prior to marital consummation<ref>[[Child Marriage in Islamic Law|child marriage]] was not only permitted by all schools of Islamic law, but a father [[Forced Marriage|could even compell]] his pre-pubescent children or his female slaves to marry someone (he could even [[Slavery_in_Islamic_Law#In_Islamic_law|so compell his male slaves]] according to Malikis and some Hanafi scholars). Marriage could even be forced upon post-pubescent virgin daughters according to the Maliki and Shafi'i schools of jurisprudence. Follow the links for details of all these points. Child marriage and forced marriage are obvious contexts in which rape would occur.</ref> (all of which is illegal today in most modern Muslim-majority countries), less well known is that intercourse was also permitted with pre-pubescent slave girls. | While it is relatively well known that [[Forced Marriage|forced marriage]] of [[Child Marriage in Islamic Law|children was permitted]] by all schools of Islamic Jurisprudence and that some did not require puberty prior to marital consummation<ref>[[Child Marriage in Islamic Law|child marriage]] was not only permitted by all schools of Islamic law, but a father [[Forced Marriage|could even compell]] his pre-pubescent children or his female slaves to marry someone (he could even [[Slavery_in_Islamic_Law#In_Islamic_law|so compell his male slaves]] according to Malikis and some Hanafi scholars). Marriage could even be forced upon post-pubescent virgin daughters according to the Maliki and Shafi'i schools of jurisprudence. Follow the links for details of all these points. Child marriage and forced marriage are obvious contexts in which rape would occur.</ref> (all of which is illegal today in most modern Muslim-majority countries), less well known is that intercourse was also permitted with pre-pubescent slave girls. | ||
It is important to reiterate at this point that the majority of Islamic scholars today consider slavery to no longer be permissible in a modern context. Slavery was outlawed in Muslim majority countries around the world during the 19th and 20th centuries (though still persists illegally in a few places such as Mauritania). Modern muslims would generally be as appalled as anyone else to learn of these past practices. | It is important to reiterate at this point that the majority of Islamic scholars today consider slavery to no longer be permissible in a modern context. Slavery was outlawed in Muslim majority countries around the world during the 19th and 20th centuries (though still persists illegally in a few places such as Mauritania where as of the early 2020s, human rights groups estimate that 20% of the population are still enslaved including children<ref>https://www.newarab.com/features/modern-day-child-slaves-mauritania<BR />Mauritania abolished slavery in 1981, but only criminalised slave ownership in 2007 and introduced punishment in 2015</ref>). Modern muslims would generally be as appalled as anyone else to learn of these past practices. | ||
The istibra' was the period of time during which a man may not have sexual intercourse with a female slave that he has just acquired. This was intended to prevent doubts over a child's paternity in case a slave-girl falls pregnant shortly after being bought by a new master. | The istibra' was the period of time during which a man may not have sexual intercourse with a female slave that he has just acquired. This was intended to prevent doubts over a child's paternity in case a slave-girl falls pregnant shortly after being bought by a new master. | ||