Saturday, December 01, 2018

Islamic Rape - WikiIslam

Rape in Islam

From WikiIslam, the online resource on Islam
Islam allows a man to have intercourse with his slave woman, whether he has a wife or wives or he is not married...Whoever regards that as haraam is a sinner who is going against the consensus of the scholars.
"Ruling on having intercourse with a slave woman when one has a wife" (archived)
Islam Q&A, Fatwa No. 10382, November 24, 2005.
Rape, known in Islam as zina bi al-ikrah, is generally defined by Muslim jurists as forced intercourse by a man with a woman who is not his wife and without her consent. It is a crime punishable against the rapist with a hadd penalty - stoning (if he is a married person) or lashings (if he is unmarried) - just as he would receive for ordinary zina (unlawful intercourse). There is no punishment for the rape victim. Jurists disagree on whether the rapist must also pay a dowry as compensation to the victim. A controversial position of some modern jurists is that the hadd penalty for outlaws should apply to rapists (hadd Hirabah), described in Qur'an 5:33. Others say that rape can be treated by the judge as an offence that receives Tazir (discretionary) punishment (as in Pakistan, for example). These approaches avoid the impractical four witnesses requirement for applying a zina hadd penalty when there is no confession.[1]
A small number of hadiths are cited to support the Islamic punishments for rape, discussed below. These narrations relate to the rape of free women and of female slaves who are not owned by the perpetrator. However, we will see that the Qur'an permits Muslim men to have sexual relations with their own female slaves. Kecia Ali, Associate professor of religion, Boston University says regarding sex with slaves:
For premodern Muslim jurists, as well as for those marginal figures who believe that the permission [for slavery] still holds, the category “rape” doesn’t apply: ownership makes sex lawful; consent is irrelevant.
Kecia Ali, The Truth About Islam and Sex Slavery History Is More Complicated Than You Think[2]
Dr. Jonathan Brown, Associate Professor and Chair of Islamic Civilization at Georgetown University (who is a Muslim convert) has made similar comments.[3] Furthermore, there are narrations in which female captives were raped prior to being ransomed back to their tribe.