Marital rape deserves the same treament under Man's law that non-marital rape gets.
God gave us a brain to see what is right and what is wrong. It;s is wrong in either case. God would agree with it. If not, then God is wrong.
I have firm believe in ALLAH and have unshaken faith that HE is absolutely right and Just in His orders.
gadha you're totally wrong - the Quran explicitly states how a man is not permitted to hurt his wife or any other woman in any way. By forcing his wife into sex, naturally she'll have a good reason if she's saying no, is putting the wife in pain (mentally/physically) and thus is unIslamic.
period.
If you think its right for a husband to force his wife into sex when she's screaming for him to stop...well...then your version of Islam is ...well, messed up.
[QUOTE]
*Originally posted by PyariCgudia: *
If you think its right for a husband to force his wife into sex when she's screaming for him to stop...well...then your version of Islam is ...well, messed up.
[/QUOTE]
don't assume things on your own.. i never said that. I said it is not rape otherwise. There is no explicit ayaah or hadith that states such an act as rape. Period.
Is there an ayah that describes dinosaurs? No, but its something humans have learned right?
Your logic indicates that anything not in the Quran is not true. That all human invention and fruits of knowledge-seeking is a farse. Let me remind you...the knowledge we've amassed has come with the will of Allah. Therefore, if we understand marital rape to be a source of harm for a woman, then it is indeed wrong.
You dont need the Quran to point out such obvious things. It covers it by a blanket command of not hurting your women.
PCG: go and read mad_scientist's detailed reply:)
ALhamdo Lillah I am not confused with what is sunnah and what is not.
[QUOTE]
*Originally posted by Chaltahai: *
Sorry gadha, that was in reference to the stupid divine laws in all religions that try to dictate more than simple spirituality.
[/QUOTE]
Jab terey hindutvoon aur panditioon ke baare me kuch kaho tu terey paseeney nikal jaata hain...
[QUOTE]
*Originally posted by Spock: *
Jab terey hindutvoon aur panditioon ke baare me kuch kaho tu terey paseeney nikal jaata hain...
[/QUOTE]
spock: we are strictly prohibited to mock other religious figures. This is not the way a muslim represents the Islam. This is the way that leads to non-deserving-insults to the religion itself due to our own act. Please, be patient next time:) Thanks:)
Gadha, PCG,
The cut and paste job I did earlier is actually interesting in that it is only somewhat related to the issue, and I think that both of you are jumping on opposite end of the same stick.
What the scholar is points out is the Islamically correct attitude, i.e
1.) A man shouldn't force his wife to have sex with him
2.) A woman must have sex with her husband whenever he wishes, unless there is a serious viable reason otherwise.
3.) A man must have sex with his wife whenever she wishes, unless there is a serious viable reason otherwise.
I believe that this is what Gadha refers to when he directs to my post.
However, from what I see, PCG is referring to the scenario when a wife either has an appropriate valid reason not to have sexual relations with her husband, or simply violates the divine command to be willing to have such relations without a valid reason.
In either scenario, as I understand PCG's argument, does a man have the right to use force to have sex? Can he physically restrain her and have his way with her? If he brutalises his wife in such a way, has he commited a criminal offence? If so, is it merely assault, or is it rape?
I agree with you maddy :-)
[QUOTE]
*Originally posted by mAd_ScIeNtIsT: *
does a man have the right to use force to have sex? Can he physically restrain her and have his way with her?
[/QUOTE]
No, it is not allowed. His wife is a human being with certain rights. One of it is being Safe from matrimonial abuse
[QUOTE]
*Originally posted by mAd_ScIeNtIsT: *
If he brutalises his wife in such a way, has he commited a criminal offence? If so, is it merely assault, or is it rape?
[/QUOTE]
It is assault plus rape. And he can be prosecuted.
Rape & Incest: Islamic Perspective
Uzma Mazhar © 2002
Islâm views human life as a sacred gift from God. The Qur’ân repeatedly stresses the sanctity of life (hurmat al hayat). The life of every single individual regardless of gender, age, nationality or religion is worthy of respect. In verses referring to the sanctity of life, the term used is ‘nafs’ (soul, life); and there is no distinction made in that soul being young or old, male or female, Muslim or non-muslim.
Sûrah al An’am 6.151:
“Do not take any human being’s life, (the life) which God has declared to be sacred - otherwise than in (the pursuit of) justice: this has He enjoined upon you so that you might use your reason.”
(Also check: Sûrah al Isra 17.33 & Sûrah al Ma’idah 5.32)
Qur’ânic teachings encompass every aspect of life; hence it does not limit the definition of life to the physical body only, but includes the mental, emotional and spiritual aspects as well. There are about 150 verses that define the term ‘nafs’ in various ways making it clear that the concept of ‘life’ is not limited to mere physical existence.
Historically, Islam has addressed serious issues openly and sought to correct actions that constitute harm or ‘zulm’ (ie: cruelty and abuse) to the dignity of humankind. Human life and respect for it has been stressed unstintingly, regardless of age or gender. As a general rule, Islâm forbids all ‘zulm’, be it physical, mental, emotional or spiritual:
Sûrah al An’am 6.120
”Abandon all harm (ithm), whether committed openly or in secret.”
(Check Sûrah al A`raf 7:33)
Sûrah al 49:11-12 points out categorically that emotionally abusive language and behavior is not acceptable.
“You who believe do not let one (set of) people make fun of another set. Do not defame one another. Do not insult by using nicknames. And do not backbite or speak ill of one another.”
In the last address to his community, the Prophet (saw) said: “Your lives and properties are forbidden to one another till you meet your Lord on the Day of Resurrection… Regard the life and property of every Muslim as a sacred trust… Hurt no one so that no one may hurt you… You will neither inflict nor suffer any inequity.” The Prophet (saw) did not prohibit only the unlawful encroachment of one another’s life and property, but also honor and respect.
Considering that human life is to be valued and cruelty is forbidden, what is the Islamic perspective on incest and rape?
According to Islâm, a woman has to be respected and protected under all circumstances, whether she belongs to your own nation or to the nation of an enemy, whether she follows your religion or belongs to some other religion or has no religion at all. A Muslim cannot outrage her under any circumstances. All promiscuous relationships have been forbidden to him, irrespective of the status or position of the woman, whether the woman is a willing or an unwilling partner to the act. The words of the Holy Qur’ân in this respect are: “Do not approach (the bounds of) adultery” (17:32). Heavy punishment has been prescribed for this crime, and the order has not been qualified by any conditions. Since the violation of chastity of a woman is forbidden in Islam, a Muslim who perpetrates this crime cannot escape punishment. (Maudoodi)
During the time when Umar (raa) was the Khalifah, a woman accused his son Abu Shahmah of raping her; she brought the infant borne of this incident with her to the mosque and publicly spoke about what had happened. Umar (raa) asked his son who acknowledged committing the crime and was duly punished right there and then. There was no punishment given to the woman. (Rauf)
Islamic legal scholars interpret rape as a crime in the category of Hiraba. In ‘Fiqh-us-Sunnah’, hiraba is described as: ‘a single person or group of people causing public disruption, killing, forcibly taking property or money, attacking or raping women (hatk al ‘arad), killing cattle, or disrupting agriculture.’
The famous jurist, Ibn Hazm, had the widest definition of hiraba, defining a hiraba offender as: ‘One who puts people in fear on the road, whether or not with a weapon, at night or day, in urban areas or in open spaces, in the palace of a caliph or a mosque, with or without accomplices, in the desert or in the village, in a large or small city, with one or more people… making people fear that they’ll be killed, or have money taken, or be raped (hatk al ‘arad)… whether the attackers are one or many."
The crime of rape is classified not as a subcategory of ‘zina’ (consensual adultery), but rather as a separate crime of violence under hiraba. This classification is logical, as the “taking” is of the victim’s property (the rape victim’s sexual autonomy) by force. In Islam, sexual autonomy and pleasure is a fundamental right for both women and men (Ghazâlî); taking by force someone’s right to control the sexual activity of one’s body is thus a form of hiraba.
Islamic legal responses to rape are not limited to a criminal prosecution for hiraba. Islamic jurisprudence also provides an avenue for civil redress for a rape survivor in its law of “jirah” (wounds). Islamic law designates ownership rights to each part of one’s body, and a right to corresponding compensation for any harm done unlawfully to any of those parts. Islamic law calls this the ‘law of jirah’ (wounds). Harm to a sexual organ, therefore, entitles the person harmed to appropriate financial compensation under classical Islamic jirah jurisprudence. Each school of Islamic law has held that where a woman is harmed through sexual intercourse (some include marital intercourse), she is entitled to financial compensation for the harm. Further, where this intercourse was without the consent of the woman, the perpetrator must pay the woman both the basic compensation for the harm, as well as an additional amount based on the ‘diyya’ (financial compensation for murder, akin to a wrongful death payment).
Islamic law, with its radical introduction of a woman’s right to own property as a fundamental right, employs a gender-egalitarian attitude in this area of jurisprudence. In fact, there is a hadith specifically directed to transforming the early Muslim population out of this patriarchal attitude of male financial compensation for female sexual activity. During the time of Prophet Muhammad, a young man committed zina with his employer’s wife. The father of the young man gave one hundred goats and a maid as compensation to the employer, who accepted it. When the case was reported to the Prophet, he ordered the return of the goats and the maid to the young man’s father and prosecuted the adulterer for zina (Abu Daud 1990, 3: Bk. 33, No. 4430; Bukhâri 1985, 8:Bk. 81, Nos. 815, 821, 826).
Is there recognition of marital rape in Islam?
"In the context of jirah, it would appear so: where there is any physical harm or disease caused to a spouse, there may be a claim for jirah compensation. The law of jirah provides for compensation for physical harm between spouses, and supports Islamic legislation against domestic abuse. Even in these discussions of appropriate jirah compensation, the question of the injured party’s consent plays a central role. Some Islamic jurists considered consent to be presumed by virtue of the marital relationship, while others maintain that where harm occurs, it is an assault, regardless of the consent, and therefore compensation is due. In our modern era, one might take these precedents and their premium focus on consent and apply the Islamic principle of sexual autonomy to conclude that any sex without consent is harmful, as a dishonoring of the unwilling party’s sexual autonomy. Thus, modern Islamic jurists and legislators, taking a gender-egalitarian perspective, might conclude that Islamic law does recognize marital rape, and assign the appropriate injunctions and compensation for this personally devastating harm. (Qureshi)
An often misquoted and abused hadith that is used to tyrannize women is that women cannot and should not say no to their husband when he approaches them Women are advised not to turn away from their husbands except if they have their period or any other reasonable excuse. So much so that she is to break her voluntary fast if her husband approaches her. And if they do angels will curse them. However, this hadith is not quoted with the complementary one that advises men of the same consideration.
In the same manner men are advised that meeting the needs of their wives takes precedence over voluntary worship. Narrated Abdullah bin Amr bin Al-As: "Prophet Muhammad (saw) said, “O Abdullah! I have been informed that you fast all the day and stand in prayer all night?” I said, ‘Yes, O Allah’s Apostle!’ He said, “Do not do that! Observe the fast sometimes and also leave them at other times, stand up for the prayer at night and also sleep at night. Your body has a right over you and your wife has a right over you.” (Bukhâri)
To a certain degree these ahâdîth are used to confuse and distract from the issue, since rape does not have anything to do with permission or lack of permission. In a marriage abusive or forced sexual activity cannot be justified by abusing this hadith. Rape is defined as unwanted, violent and forced sex, whether this occurs in a marital context or outside it. The definition of rape does not change because of the relationship.