Rape - Quran and Hadith

[diwana]

Re: Rape - Quran and Hadith

@Sa1eem

Rape and marriage: From reading some posts, I feel there is confusion on this topic, so I would like to clarify that according to my knowledge and understanding.

In Islam there is no such thing as rape in marriage. There are reasons for that too.

When marriage is contracted, agreed, and signed by both parties (man and woman), by default both agree to provide something to one another.

Husband agrees to provide protection and fulfil all justified material needs of his wife according to his ability, means and circumstances.

At the same time … Wife also agrees to keep herself safe from any out of marriage illegal relationship and fulfil her husband his physical (sexual) needs according to her ability and circumstances.

So, it is part of marriage contract that husband can expect fulfilment of his physical needs from wife regardless of wife at time is willing or not (just like, wife can expect fulfilment of her material needs from husband regardless of husband at time is willing or not), Only requirement is that, one at the time is capable to fulfil the need of other or not.

But there is a catch.

In Islam, abuse in whatever way, or excessive abuse to get what one wants from each other (husband and wife) is prohibited. So, if husband abuses his wife, wife can take him to court on charges of excessive abuse (rape in most circumstances happen along with excessive abuse). And if court thinks that wife’s accusation is right, court can punish husband … not on rape charges but on charges of abuse or excessive abuse. In such situation, if wife desires than court can grant her khula from her husband, and in compensation for abuse (especially when abuse was excessive) from husband, court can write off ‘Mahr’ that wife received in past from husband and has to pay back to husband if she takes khula.

Basically, yes.