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Rape in Islamic Law: Difference between revisions
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"The Hanafi view that husbands were entitled to have sex forcibly with their wives when the latter did not have a legitimate reason to refuse sex was not widely shared outside that school. Even the majority of Hanafi thinkers who accepted this doctrine recognized a distinction between forced intercourse and more usual sexual relations between spouses; although both were equally licit, sex by force might be unethical" | "The Hanafi view that husbands were entitled to have sex forcibly with their wives when the latter did not have a legitimate reason to refuse sex was not widely shared outside that school. Even the majority of Hanafi thinkers who accepted this doctrine recognized a distinction between forced intercourse and more usual sexual relations between spouses; although both were equally licit, sex by force might be unethical" | ||
<BR />And p. 120 "Non-Hanafis do not penalize a husband for forcing sex on his wife, but neither do they explicitly authorize it in the way that al-Khassaf does. For all, marital rape is an oxymoron; rape (ightisab) is a property crime that by definition cannot be committed by a husband." | <BR />And p. 120 "Non-Hanafis do not penalize a husband for forcing sex on his wife, but neither do they explicitly authorize it in the way that al-Khassaf does. For all, marital rape is an oxymoron; rape (ightisab) is a property crime that by definition cannot be committed by a husband." | ||
</ref><ref name="Ali" /> For jurists, the concept of "rape" is equally non-existent in the contexts of both marriage and slavery.<ref>{{Cite book|first=Asifa |last=Quraishi-Landesi |publication-date=15 April 2016 |url=https://books.google.co.in/books?id=QfkFDAAAQBAJ&redir_esc=y | title=Feminism, Law, and Religion|page=178|publisher=Routledge|ISBN=978-1-317-13579-1}}</ref><ref>{{Cite book|first=Hina |last=Azam |publication-date=26 June 2015 |url=https://books.google.co.in/books?id=fhy_CQAAQBAJ&pg=PA69&redir_esc=y#v=onepage&q&f=false | title=Sexual Violation in Islamic Law: Substance, Evidence, and Procedure|page=69|publisher=Cambridge University Press|ISBN=978-1-107-09424-6}}</ref><ref name="Ali" /> Today, many Muslim-majority countries criminalise marital rape or offer other legal protections, though others (mainly in the Arab world) do not do so, often explicitly, as also in some non-Muslim countries.<ref>As of the early 2020s, marital rape is not recognised as a crime in many Muslim-majority countries, nor in India, China, Myanmar, much of the Caribbean, and much of sub-Saharan Africa, though is illegal in Indonesia, Turkey, the Balkans, most of central Asia, and much of west Africa. See the detailed information in the Wikipedia article [[w:Marital rape laws by country|Marital rape laws by country]], though note that in some cases the colour-coded map is inaccurate. A lack of legal protection | </ref><ref name="Ali" /> For jurists, the concept of "rape" is equally non-existent in the contexts of both marriage and slavery.<ref>{{Cite book|first=Asifa |last=Quraishi-Landesi |publication-date=15 April 2016 |url=https://books.google.co.in/books?id=QfkFDAAAQBAJ&redir_esc=y | title=Feminism, Law, and Religion|page=178|publisher=Routledge|ISBN=978-1-317-13579-1}}</ref><ref>{{Cite book|first=Hina |last=Azam |publication-date=26 June 2015 |url=https://books.google.co.in/books?id=fhy_CQAAQBAJ&pg=PA69&redir_esc=y#v=onepage&q&f=false | title=Sexual Violation in Islamic Law: Substance, Evidence, and Procedure|page=69|publisher=Cambridge University Press|ISBN=978-1-107-09424-6}}</ref><ref name="Ali" /> Today, many Muslim-majority countries criminalise marital rape or offer other legal protections, though others (mainly in the Arab world) do not do so, often explicitly, as also in some non-Muslim countries.<ref>As of the early 2020s, marital rape is not recognised as a crime in many Muslim-majority countries, nor in India, China, Myanmar, much of the Caribbean, and much of sub-Saharan Africa, though is illegal in Indonesia, Turkey, the Balkans, most of central Asia, and much of west Africa. See the detailed information in the Wikipedia article [[w:Marital rape laws by country|Marital rape laws by country]], though note that in some cases the colour-coded map is inaccurate. A lack of legal protection in some countries and / or attitudes which refuse to accept the concept of marital rape exacerbates the predicament of millions of women suffering [[Forced Marriage]] in certain regions of the world.</ref> | ||
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 hands possess"), often in conjunction with the commandment for men to keep otherwise chaste. In addition, there are hadith narrations in which female war captives were raped prior to being ransomed back to their tribe. As numerous passages of Islamic scripture and holy history extoll the taking of [[Kafir_(Infidel)|non-Muslim]]s as prisoners, many Islamic empires and countries have taken non-Muslims and kept them as slaves and sex slaves.<ref name="Slavery 2022">{{cite web | title=Slave past of Kafirs of India and toxic Hindu-Muslim History - Landsca | website=Satyaagrah | date=2022-04-11 | url=https://satyaagrah.com/religion/islam/596-slave-past-of-kafirs-of-india | access-date=2022-04-11}}</ref> It is important to note at this point that slavery was legally abolished in majority Muslim countries around the world in the 19th and 20th centuries (though persists illegally in a few places such as Mauritania<ref name="Mauritania" />). It is also now considered forbidden in the modern context by most scholars, though a minority, such as Saudi Sheikh Saleh Al-Fawzan, argue that slavery remains Islamically legitimate. | 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 hands possess"), often in conjunction with the commandment for men to keep otherwise chaste. In addition, there are hadith narrations in which female war captives were raped prior to being ransomed back to their tribe. As numerous passages of Islamic scripture and holy history extoll the taking of [[Kafir_(Infidel)|non-Muslim]]s as prisoners, many Islamic empires and countries have taken non-Muslims and kept them as slaves and sex slaves.<ref name="Slavery 2022">{{cite web | title=Slave past of Kafirs of India and toxic Hindu-Muslim History - Landsca | website=Satyaagrah | date=2022-04-11 | url=https://satyaagrah.com/religion/islam/596-slave-past-of-kafirs-of-india | access-date=2022-04-11}}</ref> It is important to note at this point that slavery was legally abolished in majority Muslim countries around the world in the 19th and 20th centuries (though persists illegally in a few places such as Mauritania<ref name="Mauritania" />). It is also now considered forbidden in the modern context by most scholars, though a minority, such as Saudi Sheikh Saleh Al-Fawzan, argue that slavery remains Islamically legitimate. | ||