https://www.youtube.com/watch?v=bvR2F7SfpiI&ab_channel=%D8%AF.
%D9%87%D9%8A%D8%AB%D9%85%D8%B7%D9%84%D8%B9%D8%AADr.HaithamTalaat
No theology of rape in Islam by Abu Amina Elias
https://abuaminaelias.com/no-theology-of-rape-in-islam/
Marital rape and domestic violence in Islamic law by Abu Amina Elias
https://abuaminaelias.com/marital-rape-domestic-violence/
Does martial rape exist in Islam?
https://www.dar-alifta.org/Foreign/ViewFatwa.aspx?ID=6033
Does Islam Permit Muslim Men to Rape Their Slave Girls? by Bassam Zawadi
https://www.call-to-monotheism.com/does_islam_permit_muslim_men_to_rape_their_slave_girls_
Al-Shafi’i was asked questions about a man’s responsibility to spend time with his wife or wives, and specifically
whether he is required to have intercourse with her at regular intervals. He answered:
Likewise, if he has only one wife or an additional concubine with whom he has intercourse,
he is commanded to fear Allah Almighty and to not harm her in regards to intercourse,
although nothing specific is obligated upon him. He is only obligated to provide what benefits
her such as financial maintenance, residence, clothing, and spending the night with her. As for intercourse,
its position is one of pleasure and no one can be forced into it (la yujbaru ahadun ‘alayhi).
Source: al-Umm (6/482)
Salamah ibn al-Muhabbiq reported: A man had intercourse with the servant girl of his wife, so the matter
was referred to the Prophet, peace and blessings be upon him. The Prophet (ṣ) said:
If she had done so willingly, she belongs to him and he must pay the likes of her price.
If he had forced her, she is free and he must pay the likes of her price.
Source: Musnad Aḥmad 19556, Grade: Hasan
An insight in this tradition is that the man’s crime is compounded and his penalty more severe if he
had forced his wife’s slave into sexual intercourse. If the first evil deed is made worse by the
second deed, the second deed must be evil in itself. As such, forced intercourse by itself,
which is sexual assault, is an immoral action.
Ibn al-Qayyim commented on this tradition, writing:
As for if he had forced her, then this is a type of abuse as compulsion into
sexual intercourse is abuse. Indeed, such intercourse is carried out in the manner of a criminal offence,
so for this reason he is not absolved from a fine or legal punishment.
Source: I’lām al-Muwaqqi’īn 2/21
Major Shafi'i scholar al-Haleemi (d. 403) said when commenting on Q. 4:36 which speaks of
kindness to slaves:
"If she disliked being touched or intercourse, then he shouldn't touch her or have intercourse
with her without her permission."
al-Minhaj fi Shu'ab al-Iman 3/267
Does Islam permit Marital Rape?
There is a group of red pill men perpetuating this pernicious idea to all demographics and this notion
has become undeservingly pervasive amongst islams attackers.
This idea is no doubt internecine to islams image and its supposed treatment of women; so then, does
Islam permit marital rape?
——————————————————
Imam Shafi’i said
“Likewise, if he only has one wife or an additional servant with whom he has intercourse,
he is commanded to fear Allah Almighty and to not harm her in regards to intercourse,
although nothing specific is obligated upon him (ie in general with regards to intercourse
anything that may cause harm to her is stringently forbidden for him, so no specifics are mentioned).
He is only obligated to provide what benefits her such as financial maintenance, residence, clothing,
and spending the night with her. As for intercourse, it’s position is one of pleasure and no one can be
forced into it.”
(al-Umm 5/203)
——————————————————
Al-Nawawi states as a general principle
“If it is possible to have intercourse with her without harming her, he may do that.
If it is not possible for him to have intercourse with her except by harming her,
then he does not have permission to have intercourse with her.”
Al-Majmu3 Sharh al-Muhadhab 16/409
This general statement is particularly interesting and extends more to just having sex with her
without her consent
If having sex with her even consensually but you see that it is hurting her then it is forbidden for
you to have sex with her.
And of course no doubt that having sex against her lack of consent is clearly harming to her, so it is
of course forbidden to you in that regard
I simply wanted to evoke the idea that even if she consented and you having sex with her hurts her or
harms her or whatnot, it is still forbidden for you.
——————————————————
Al-Buhuti said
“A husband has the right to enjoy his wife no matter the circumstance as long as he does not distract
her from her religious obligations or harm her. He may not enjoy her in that case, since that is not living with them ‘honourably’ (4:19). If he does not distract her from her religious duties, and he does not harm her, then he may enjoy her.”
Kashaaf al Qinaa2 (5/188)
Of course, having sex with her against her lack of consent is clearly harming her, so it is NOT
permissible for him in light of that.
Surah An-Nisaa (The Women)
4:19
You who believe, it is not lawful for you to inherit women against their will, nor should you treat
your wives harshly, hoping to take back some of the bride-gift you gave them, unless they are guilty
of something clearly outrageous. Live with them in accordance with what is fair and kind: if you dislike
them, it may well be that you dislike something in which God has put much good.
Translation: Abdul Haleem | Medinan
This is Quranic evidence for the good treatment of your wives and objection to this idea of marital rape
being permitted.
not lawful for you to inherit women amongst their will nor .. is treating your wives harshly..
live with them in accordance to what is kind and fair and if you dislike them it may well be you dislike
something in which god has put much good.
Riyadh as-Salihīn
Husband's rights concerning his Wife
Abu Hurairah (May Allah be pleased with him) reported: Messenger of Allah (ﷺ) said, "When a man calls
his wife to his bed, and she does not respond and he (the husband) spends the night angry with her,
the angels curse her until morning". [Al-Bukhari and Muslim]. In another narration: The Messenger of
Allah (ﷺ) said, "When a woman spends the night away from the bed of her husband, the angels curse her
until morning". [Al-Bukhari and Muslim]. In another narration: Messenger of Allah (ﷺ) said,
"By Him in Whose Hand is my life, when a man calls his wife to his bed, and she does not respond,
the One Who is above the heaven becomes displeased with her until he (her husband) becomes pleased
with her". [Al-Bukhari and Muslim].
Reference: Riyadh as-Salihīn 281
This is taken heavily out of context. This Hadith is in reference to the women who weaponise sexual
relations with her husband as a means to an end, because she wants to harm him or get back at him,
as examples. Denying him sex for reasons external to Islamic validity falls under this weaponisation;
can she deny him because she’s tired? Yes. Because she’s ill? Yes. Etc.
Consider the scenario : you get into an argument with your wife, and she says oh you’re not getting
anything for the next 10 days; she is not allowed to do this.
This is weaponising sex as a means to get back at the husband.
Of course a woman is allowed to deny sex due to valid reasons, same with a husband. It is in both of
their rights that they should be able to enjoy each other unless they have valid reasons to refuse it.
For a woman to deny her husband without valid reason, as well as denying his rights, as well as
manipulating his patience for sexual intercourse (Fath Al Bari 9/206) for no reason, this is weaponising sex.
But as per the Quranic ayah ‘و عاشروهن بالمعروف' ie treating them and bestowing them and embracing
them with this intimate kindness and goodness and fairness and rectitude.. you cannot force yourself on her
and this is absolutely forbidden for you.
Ibn Hajar in his commentary of this Hadith explains
“As for the tradition on this topic, there is nothing in it but that the angels do that (cursing).
It does not necessitate for him permission in any respect.
Fath al Bari 4897
This still does not give him permission to go and have sex with her even if she refuses it for him out
of weaponisation - she is only cursed by the angels and he is still not allowed to have sex with her.
Such is the moral rectitude instilled in this relationship by Allah who has ordained it between a man
and a woman. May Allah obliterate those who pervade this harmful notion and who delude the attackers
of Islam giving them fuel for their hysterical fires.
Proof that rape is punishable in Islam
1.)
Abu Alqama reported: A woman went out to pray during the time of the Prophet, peace and blessings be upon him, and she was met by a man who attacked her and raped her. She screamed and he ran away. Then another man passed by and she said, “This man has molested me!” A group of emigrants were passing by and again she said, “This man has molested me!” They caught the man whom she thought was her attacker and brought him to her and she said, “Yes, this is the one.” They brought him to the Prophet and he issued orders concerning him but the one who had attacked her stood up and he said, “O Messenger of Allah, I am the one who attacked her.” The Prophet said to her, “Go now, for Allah has forgiven you,” and the Prophet said kind words to the man who had been mistakenly arrested. The Prophet said to the man who had attacked her, “Stone him,” and the Prophet said, “Verily, he has repented in such a manner that if the people of Medina were to repent in this way, it would be accepted from them.”
Source: Sunan al-Tirmidhī 1454 and Sunan Abu Dawud 4379
Grade: Sahih (authentic) according to Al-Tirmidhi
عَنْ عَلْقَمَةَ بْنِ وَائِلٍ عَنْ أَبِيهِ أَنَّ امْرَأَةً خَرَجَتْ عَلَى عَهْدِ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ تُرِيدُ الصَّلاة فَتَلَقَّاهَا رَجُلٌ فَتَجَلَّلَهَا فَقَضَى حاجَتهُ مِنْهَا فَصَاحَتْ فَانْطَلَقَ وَمَرَّ عَليهَا رَجُلٌ فَقَالَتْ إِنَّ ذَاكَ الرَّجُلَ فَعَلَ بِي كَذَا وَكَذَا وَمَرَّتْ بِعِصَابَةٍ مِنْ الْمُهَاجرِينَ فَقَالَتْ إِنَّ ذَاكَ الرَّجُلَ فَعَلَ بِي كَذَا وَكَذَا فَانْطَلَقُوا فَأَخَذُوا الرَّجُلَ الَّذِي ظَنَّتْ أَنَّهُ وَقَعَ عَلَيْهَا وَأتوْها فقَالَتْ نَعَمْ هُوَ هَذَا فَأَتَوْا بِهِ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّم فَلَمّا أمَرَ بِهِ لِيُرْجَمَ قَامَ صَاحِبُهَا الَّذِي وَقَعَ عَلَيْهَا فَقَالَ يَا رَسُولَ اللَّهِ أَنَا صَاحِبُهَا فَقَالَ لَهَا اذْهَبِي فَقَدْ غَفَرَ اللَّهُ لَكِ وَقَالَ لِلرَّجُلِ قَوْلًا حَسَنًا وَقالَ لِلرَّجُلِ الَّذِي وَقَعَ عَلَيْهَا ارْجُمُوهُ وَقَالَ لَقَدْ تَابَ تَوْبَةً لَوْ تَابَهَا أَهْلُ الْمَدِينَةِ لَقُبِلَ مِنْهُمْ
1454 سنن الترمذي كتاب الحدود باب ما جاء في المرأة إذا استكرهت على الزنا
1454 المحدث الترمذي خلاصة حكم المحدث حسن غريب صحيح في سنن الترمذي
2.)
And Safiyya bint 'Ubaid said:
"A governmental male-slave tried to seduce a slave-girl from the Khumus of the war booty till he deflowered her by force against her will; therefore 'Umar flogged him according to the law, and exiled him, but he did not flog the female slave because the male-slave had committed illegal sexual intercourse by force, against her will." Az-Zuhri said regarding a virgin slave-girl raped by a free man: The judge has to fine the adulterer as much money as is equal to the price of the female slave and the adulterer has to be flogged (according to the Islamic Law); but if the slave woman is a matron, then, according to the verdict of the Imam, the adulterer is not fined but he has to receive the legal punishment (according to the Islamic Law).
Source: Sahih al-Bukhari 6949
3.)
أن رجلا أضاف أهل بيت، فاستكره منهم امرأة، فرفع ذلك إلى أبي بكر فضربه ونفاه، ولم يضرب المرأة
A man was invited for a meal to a home. He then forced a woman of theirs to have sexual relations with him. When this case was brought to Abu Bakr he had the man flogged and exiled and did not punish the woman.
Source: Musannaf Ibn Abi Shaybah , Sunan al-Kubra Bayhaqi , Musannaf Abdur Razzaq
Refuting the Argument that Rape Victims Are Punished in Islam
1.)
Abdur Rahman al-Salami reported: Umar ibn al-Khattab, may Allah be pleased with him, was asked to judge a woman who had been suffering from thirst. She had passed by a shepherd and asked him for water. The man refused to give her anything unless she offered herself to him, so she had intercourse with him. Umar consulted the people whether she should be punished for adultery. Ali ibn Abi Talib, may Allah be pleased with him, said, “This is compulsion. I believe you should set her free.” Thus, Umar set her free.
Source: al-Sunan al-Kubrá 15673
Grade: Sahih (authentic) according to Al-Albani
Ibn Qudamah said, “There is no legal punishment upon a rape victim according to the general opinion of the scholars. It has been narrated from Umar, Al-Zuhri, Qatadah, Al-Thawri, Al-Shafi’i, and the people of reasoning. We do not know of any disagreement… There is no difference between rape by force, which is he had overpowered her, or rape by threat of death and so on.”
Source: al-Mughnī 9/59
عَنْ أَبِي عَبْدِ الرَّحْمَنِ السُّلَمِيِّ قَالَ أُتِيَ عُمَرُ بْنُ الْخطابِ رَضِيَ اللَّهُ عَنْهُ بِامْرَأَةٍ جَهَدَها الْعَطَشُ فَمَرَّتْ عَلَى رَاعٍ فَاسْتَسْقَتْ فَأبى أَنْ يَسْقِيَهَا إِلا أَنْ تُمَكِّنَهُ مِنْ نَفْسهَا فَفَعَلَتْ فَشَاوَرَ النّاسَ فِي رَجْمِهَا فَقَالَ عَلِيٌّ رَضِيَ اللَّهُ عَنْهُ هَذِهِ مُضطرّةٌ أَرَى أَنْ نُخْلِيَ سَبِيلَهَا فَفَعَل
15673 السنن الكبرى للبيهقي كتاب النفقات
7/341 المحدث الألباني خلاصة حكم المحدث إسناده جيد في إرواء الغليل
قال ابن قدامة وَلَا حَدَّ عَلَى مُكْرَهَةٍ فِي قَوْلِ عَامَّةِ أَهْلِ الْعِلْمِ روِيَ ذَلِكَ عنْ عمَرَ وَالزُّهْرِيِّ وَقَتَادَة وَالثّورِيّ وَالشَّافِعِيِّ وَأَصْحَابِ الرَّأْيِ وَلا نَعْلَمُ فِيهِ مُخَالِفًا … وَلَا فَرْقَ بَيْنَ الْإِكْرَاهِ بِالْإِلْجَاءِ وَهُوَ أَنْ يَغْلِبَها عَلَى نَفْسِهَا وَبَيْنَ الْإِكْرَاهِ بِالتَّهْدِيدِ بِالْقَتْلِ وَنَحْوِهِ
9/59 المغني فصل أكرهت على الزنا
One of the relied upon scholars in the ḥanbalī school of jurisprudence Ibn taymīyah al-ḥanbalī (d. 728 AH), writes upon this issue:
❝The third principle states that whoever mutilate his slave , he must set him free. This is the view of Mālik, ʾAḥmad, and others, and there are authentic narrations from the Prophet ﷺ and his companions, such as ʿUmar bin al-Kẖaṭṭāb, that support this. This ḥadīṯẖ is in line with these three established principles, supported by evidence that corresponds to fair reasoning. If the master complies with this, then he has corrupted these principles with regards to his authority. Obedience from the slave, in this case, would be considered adulterous, diminishing its value and depriving the master from using it as he previously could. This is due to the master's aversion towards the slave, the slave girl's desire for the master, and the master's reluctance to treat her as he used to. If the master deals with the property in a way that diminishes its value, the owner has the right to demand compensation equal to its worth. It is known that if the slave girl agrees to remain under the ownership and agrees to be fined for the decrease in her value, there is no objection to that. However, it is necessary to determine what is permissible for her. But if she is forced, this falls under the category of compulsion, and compulsion in sexual matters is considered equivalent to mutilation because sexual intercourse follows the same course. Therefore, it is said that if someone compels his slave to commit a sodomy, he must set him free, and in this case, there may be a penalty or punishment that does not serve the purpose of servitude. This is because the act of the slave girl, by corrupting it for her master, obligates him to provide compensation equal to it, as in the case of compliance, and he must free her because he compelled her to commit the act. It can also be said that if he compels his slave to commit a major sin, he must set him free, and even if he compels the slave girl of another person to commit the sin, she should be freed, and this is implied in the text.❞
[Majmūʿ al-Fatāwah | 20/565-566]📚