Muslim Rape

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From WikiIslam, the online resource on Islam
Duress has two aspects. One is that it negates the person's consent to an act, such as sexual activity or the entering into a contract; or, secondly, as a possible legal defense or justification to an otherwise unlawful act.[1] A defendant utilizing the duress defense admits to breaking the law, but claims that he/she is not liable because, even though the act broke the law, it was only performed because of extreme unlawful pressure.[2] In criminal law, a duress defense is similar to a plea of guilty, admitting partial culpability, so that if the defense is not accepted then the criminal act is admitted.
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.
Surah an-Nisa discusses lawful and forbidden women for pious Muslims. Before we delve into the particular 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.
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 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, we are told why verse 4:24 was revealed to Muhammad. It was to encourage his fighters, who were reluctant, to have sexual contacts with female captives even while their husbands were alive as prisoners of war. This is made clear when we read:
The Abu Dawud hadith is confirmed by the two Sahih collections, namely Sahih Bukhari and Sahih Muslim.
There is an entire chapter devoted to this in the Sahih Muslim collection. The title of the chapter speaks in volumes as we read:
Ibn Kathir, the most prominent of all Qur'an interpreters, had this to say in regards to verse 4:24:
Similarly in Tafsir al-Jalalayn (Qur'an interpretation by two Jalals namely: Jalaluddin Mahalli and Jalaluddin Suyuti):
The tafsir attributed to Ibn Abbas, Muhammad's paternal cousin, further confirms:
There are other verses in the Qur'an similar to verse 4:24. For example, Surah al-Mumenoon 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 Surah al-Maarij:
This practice of raping war captives was practiced by Islam’s very own prophet Muhammad, in his life. On two occasions, he married (for the sake of sexual gratification only) war captives and raped them. Those victims were namely Safiyah and Juwairiyah.
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 Rabbi and took captive his wife. Sahih Hadith in Bukhari testify to this fact:
The following hadith from Sunan Abu Dawud bears out how Muhammad obtained Juwairiyah, 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 the above:
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 Qur'an 23:6, Qur'an 33:50, Qur'an 33:52, and Qur'an 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.[3]
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". 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 did not 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 a convenient disclaimer of "if ye know any good in them"). To give Muhammad credit, he did stipulate that the masters should give their slaves something (again conveniently leaving out what and how much).
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 is not simply about sex, but sex for a price. This is why it is often referred to as one of the oldest professions. 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 does not 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.
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, even in the unlikely case of agreeing to sexual intercourse, would still be having that intercourse under duress.
This page is featured in the core article, Islam and Women which serves as a starting point for anyone wishing to learn more about this topic
↑ Gaines, Larry; Miller, LeRoy (2006). Criminal Justice In Action: The Core. Thomson/Wadsworth. ISBN 0-495-00305-0.
↑ 1st Class Investigations Glossary
↑ Ruling on having intercourse with a slave woman when one has a wife - Islam Q&A, Fatwa No. 10382, November 24, 2005

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