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Rape in Islamic Law: Difference between revisions
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The hadith in Sahih Muslim is found in a chapter dedicated to the topic; the chapter is entitled "Chapter: It is permissible to have intercourse with a female captive after it is established that she is not pregnant, and '''if she has a husband, then her marriage is annulled when she is captured'''".<ref>{{Citation|chapter=(9) Chapter: It is permissible to have intercourse with a female captive after it is established that she is not pregnant, and if she has a husband, then her marriage is annulled when she is captured|title=Sahih Muslim (Book of Suckling)|url=https://sunnah.com/muslim/17}} | The hadith in Sahih Muslim is found in a chapter dedicated to the topic; the chapter is entitled "Chapter: It is permissible to have intercourse with a female captive after it is established that she is not pregnant, and '''if she has a husband, then her marriage is annulled when she is captured'''".<ref>{{Citation|chapter=(9) Chapter: It is permissible to have intercourse with a female captive after it is established that she is not pregnant, and if she has a husband, then her marriage is annulled when she is captured|title=Sahih Muslim (Book of Suckling)|url=https://sunnah.com/muslim/17}} | ||
See the three hadiths it contains: {{Muslim||1456a|reference}}, {{Muslim||1456b|reference}}, and {{Muslim|| | See the three hadiths it contains: {{Muslim||1456a|reference}}, {{Muslim||1456b|reference}}, and {{Muslim||1456d|reference}}</ref>{{Quote|{{Muslim||1456a|reference}}|Abu Sa'id al-Khudri (Allah her pleased with him) reported that at the Battle of Hanain Allah's Messenger (ﷺ) sent an army to Autas and encountered the enemy and fought with them. Having overcome them and taken them captives, the Companions of Allah's Messenger (may peace te upon him) seemed to refrain from having intercourse with captive women because of their husbands being polytheists. Then Allah, Most High, sent down regarding that: | ||
'''"And women already married, except those whom your right hands possess (iv. 24)"''' (i. e. they were lawful for them when their 'Idda [waiting] period came to an end).}} | '''"And women already married, except those whom your right hands possess (iv. 24)"''' (i. e. they were lawful for them when their 'Idda [waiting] period came to an end).}} | ||
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===Freedom and marriage as a requirement for intercourse=== | ===Freedom and marriage as a requirement for intercourse=== | ||
Verses 4:23-24 ({{Quran-range|4|23|24}}) are sometimes presented as evidence for the idea that a man must first manumit and marry a slave in order to have sex with her. The verse lists the types of women a Muslim man is permitted to marry, one given option being his slave women, of whom he may free and marry. While 4:23-24 do not mention slaves outside of a marital context, several other verses (e.g. {{Quran-range|23|1|6}} and {{Quran-range|70|29|30}}) make clear reference to sexual activity with slaves with whom the owner is not married by explicitly distinguishing between his sexual access to his wives and his sexual access to his slaves. The further example of Muhammad's companions raping captives from Banu al-Mustaliq prior to ransoming them (a scenario which effectively necessitates their non-marriage) confirms this idea.<ref>{{Bukhari|||4138|darussalam}}, {{Muslim||1438a|reference}},{{Muwatta|29||95}}, Abudawud|| | Verses 4:23-24 ({{Quran-range|4|23|24}}) are sometimes presented as evidence for the idea that a man must first manumit and marry a slave in order to have sex with her. The verse lists the types of women a Muslim man is permitted to marry, one given option being his slave women, of whom he may free and marry. While 4:23-24 do not mention slaves outside of a marital context, several other verses (e.g. {{Quran-range|23|1|6}} and {{Quran-range|70|29|30}}) make clear reference to sexual activity with slaves with whom the owner is not married by explicitly distinguishing between his sexual access to his wives and his sexual access to his slaves. The further example of Muhammad's companions raping captives from Banu al-Mustaliq prior to ransoming them (a scenario which effectively necessitates their non-marriage) confirms this idea.<ref>{{Bukhari|||4138|darussalam}}, {{Muslim||1438a|reference}},{{Muwatta|29||95}}, {{Abudawud||2172|darussalam}}, and {{Bukhari|||2229|darussalam}}</ref> | ||
In addition, there is the universally attested legal category of the ''Umm Walad'' (literally "mother of child") that is used by Islamic jurists to refer to those slaves who have given birth to one of their master's children. The child is free from birth and the mother is free upon her owner's death. An ''Umm Walad'' is legally distinct from a free mother ''because'' she is still a slave. Indeed, the concept of ''Umm Walad'' is apparently attested even in the prophet's time according to a hadith in Sahih Muslim - further clarifying the matter is the fact that in this very hadith, Muhammad approves of the companion's sexual relations with his unmarried slave girl. | In addition, there is the universally attested legal category of the ''Umm Walad'' (literally "mother of child") that is used by Islamic jurists to refer to those slaves who have given birth to one of their master's children. The child is free from birth and the mother is free upon her owner's death. An ''Umm Walad'' is legally distinct from a free mother ''because'' she is still a slave. Indeed, the concept of ''Umm Walad'' is apparently attested even in the prophet's time according to a hadith in Sahih Muslim - further clarifying the matter is the fact that in this very hadith, Muhammad approves of the companion's sexual relations with his unmarried slave girl. | ||