Rape in Islamic Law
Islam Q&A, Fatwa No. 10382, November 24, 2005
Rape in the Qur'an
There is no equivalent term for ‘rape’ in the Qur'an. Likewise, there is not a single verse in the Qur'an which even remotely discourages forced sex. In contrast, there are several verses in this book which give the green light to rape and other sexual crimes against women.
Qur'an chapter 4 verse 24 discusses lawful and forbidden women for pious Muslims. Before we delve into this verse, it should be noted that it is not easy to understand what is being suggested using the verse alone. Therefore, relying on authoritative Tafsirs (Qur'an interpretations) and Sahih (authentic) Hadiths associated with it, are necessary to get the exact picture.
Verse 4:24
What we see in the beginning of this verse as “forbidden” refers to sexual intercourse. The Qur'an dictates, women already married are forbidden for Muslims except those whom their right hands possess (sex slaves). It is the ordinance of Allah.
It is obvious from this verse, a Muslim can have sexual relations with his slave-woman. But it is important to know the context of this verse, as it sheds light onto the nature of allowance. If we go through a Sahih Hadith in Sunan Abu Dawud:
Here in the above hadith from Abu Dawud, we understand why the Qur'anic verse 4:24 was allegedly revealed to Muhammad. It was to encourage his fighters to have sexual contacts with female captives even while their husbands were alive as prisoners of war. The hadith sheds some more light on this fact, when we read:
- "Some of the Companions of the apostle of Allah were reluctant to have intercourse with the female captives in the presence of their husbands who were unbelievers."
The Abu Dawud hadith is confirmed by the two Sahih collections, namely Sahih Bukhari and Sahih Muslim. There is a chapter devoted to this in the Sahih Muslim collection. The title of the chapter speaks in volumes as we read:
- Sahih Muslim. Chapter 29: Title: It is permissible to have sexual intercourse with a captive woman after she is purified of menses or delivery. In case she has a husband, her marriage is abrogated after she becomes captive.
Similarly in Sahih Bukhari:
Ibn Kathir, the most prominent of all Qur'an interpreters has this to say, in regards to verse 4:24:
Tafsir Ibn Kathir
And so does the Tafsir al-Jalalayn: (Qur'an interpretation by two Jalals namely: Jalaluddin Mahalli and Jalaluddin Suyuti)
Tafsir al-Jalalayn
Tafsir Attributed to Ibn Abbas, Muhammad's paternal cousin, further confirms:
Tafsir 'Ibn Abbas
From 4:24, it can be rightly assumed, that the Qur'an does not see any wrong-doing in Muslims having sex with captive women even if these women are married and their husbands are still alive. This clearly indicates that the Qur'an allows rape, as captive women can not have any say in case they are exploited by their Muslim masters.
Further Verses
There are other verses in the Qur'an similar to this. Chapter 23 makes mention of successful Muslims and their characteristics:
Guarding private parts is denotative of abstaining from sexual activities. The Qur'an points out successful believers are those who are indulging in sexual activities only with their wives and sex-slaves.
This is confirmed again in the Qur'an Chapter 70:
This practice of raping war captives was implemented by Islam’s very own prophet Muhammad, in his life. On two occasions, he married (for the sake of marriage only) war captives and raped them. Those victims were namely Safiyya and Juwairiyya.
Safiyah the daughter of Huayy was the wife of a Jewish Rabbi named Kinana. When Muhammad conquered the Jewish village of Khaibar, he tortured and killed the Jewish Rabbi and grabbed his wife. Sahih Hadith in Bukhari testifies to this fact:
This hadith from Sunan Abu Dawud bears out how Muhammad snatched Juwairiyya a beautiful woman of a tribe called Banu Mustaliq. Muhammad was attacking the tribe without warning and conquering them. The following hadith from Sahih Bukhari is evidentiary to it:
Muhammad was only implementing the Qur'anic decree of raping slave women.
Claims about verse 24:33
Muslims will frequently quote the following when confronted with the passages provided in this article and others like it:
The first part of the verse is telling unmarried people to keep themselves chaste. Now, the important thing to remember is that the Islamic definition of chaste is different than the commonly agreed upon definitions of the word. According to Quran 23:6, Quran 33:50, Quran 33:52, and Quran 70:30 a Muslim man is considered "chaste" so long as he only has sex with his wives (of whom he may have up to four) and his right-hand possessions (female captives/slaves). An unmarried Muslim man who has sex with his slave girl is still considered to be "chaste" by Islamic standards.[1]
The second sentence speaks about slaves who ask for a way to pay for their freedom (like indentured servants) as long as the master knows of "any good in them" (whatever that is supposed to mean). It would be interesting to discover how female slaves could earn any money at all if they had been kidnapped from their families and forced into slavery and didn't have money-making skills. And if a female slave was to earn her freedom, where then could she go if her family had been massacred? How could she support herself and keep herself safe from rape, prostitution, etc.? Practicalities aside, this verse only tells Muslims to let their slaves purchase their freedom (but puts in that convenient little disclaimer of "if ye know any good in them"). To give Muhammad credit, at least he did stipulate that the masters should give their slaves something. (Of course, it doesn't say how much or what exactly. Loop-holes as usual.)
The third sentence is what pertains to the Muslim claim that rape is forbidden. However, the word used is not simply sexual intercourse but is more specifically prostitution or whoredom. Prostitution has never simply been about sex. It has always been about sex for a price. It's one of the oldest professions. A prostitute cannot afford to give freebies. So what this verse speaks of is a master forcing his maid to be a prostitute thereby making money by allowing other men to have sex with her. This verse says nothing about a master forcing himself upon his slave-girl who is considered "halal" for him according to Islamic law. The fourth sentence says that if a girl is indeed forced into prostitution, then Allah will forgive her for committing zina. What this verse doesn't say is what the punishment should be for a man who forces his maid into prostitution. All it says is that he should not do it. And what it definitely does not say is that a Muslim man cannot force himself on his own slave-girl.
Editorials on the Internet
- Rebuttal to Yamin Zakaria's by Archemedez: Yamin points that muslim men did engage in sex with their captives immediately after captivity, but Yamin maintains that the captive women willingly accepted. Muhammad even refuses to allow the Muslim from ejaculating outside their new captives.
- An Islamic Answer to the status of women taken as prisoners during Jihad. By Mufti Ebrahim Desai FATWA DEPT (excerpt:)
Video
Raping your wives is permitted in Islam:
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See Also
- Rape - A hub page that leads to other articles related to Rape
- Adultery is Permitted in Islam
External Links
- Sexual Slavery and Concubinage in Islam - Islam Watch
- What is the punishment for rape in Christianity and in Islam? - Answers to Islam
- Rape Law in Islam - THERE'S NONE - FFI Forum
- Bangladesh War’s Toll on Women Still Undiscussed - The New York Times, 200,000 women (or 300,000, or 400,000, depending on the source) raped during the 1971 war in which East Pakistan broke with West Pakistan to become Bangladesh
News
- Afghanistan - Afghan Cleric Defends Law Legalizing Rape in Marriage
- Somalia - 13-Year-Old Rape Victim Stoned to Death For 'Adultery' as She Pleads For Her Life
- United Arab Emirates - Australian Rape Victim Jailed for 'Illicit Sex'
- United Arab Emirates - Teenage Gang-Rape Victim Sentenced to 1 Year in Prison
- Dubai - French Gang-Rape Victim Faces Jail For 'Adultery'
- Saudi Arabia - Philippine Woman Imprisoned for Being Rape Victim “Under Shariah Law”
- Bangladesh - 14-Year-Old Rape Victim Whipped to Death by Sharia Court
- Malaysia - Will Only ‘Causing Hurt’ Constitute Marital Rape? - Shaqib Shamsher, Case Studies, UT MARA Debating Society, September 27, 2009
References
- ↑ Ruling on having intercourse with a slave woman when one has a wife - Islam Q&A, Fatwa No. 10382, November 24, 2005