Wednesday, October 18, 2017

Is rape allowed?

4:24 And those women who are married except whom you rightfully possess. The decree of Allah upon you. And lawful to you are beyond these, that you seek them with your wealth desiring chastity, not lust. So for whatever you benefit from them, give them their bridal due as an obligation. And there is no sin on you concerning what you mutually agree to, beyond the obligation. Indeed, Allah is All-Knowing, All-Wise.

(Verse 4:24 mentions those women who are prohibited to marry: “those women who are married except whom you rightfully possess”. So, you can marry those whom your right hands possess even if they are already married. So, this Verse does not exclude them from marriage in order to have relations, but, whether she was already married to another man or not, you have to “marry” anyhow, lest you commit adultery / fornication (25:68). This Verse is also explained in Verse 60:10, those believing women who are married to disbelievers, the believing women are not lawful for them, nor are they lawful for the believing women. And Verse 60:10 also says “there is no blame upon you if you marry them”. So, Verses 60:10 and 4:24 do not exclude them from marriage, but they have to marry. In other words, you can “marry” the unmarried one, and you can also “marry” the married one if her current husband is a disbeliever, and she is a believer. So, the previous marriage is nullified in Islam, because of the disbelief of her husband)(Allah knows best)

60:10 O you who believe, when the believing women come to you as emigrants, then examine them. Allah is most knowing of their faith. And if you know them to be believers, then do not return them to the disbelievers. They are not lawful for them, nor are they lawful for them. But give them what they have spent. And there is no blame upon you if you marry them when you have given them their (bridal) dues. And do not hold to marriage bonds with disbelieving women, but ask for what you have spent, and let them ask for what they have spent. That is the Judgment of Allah. He judges between you. And Allah is All-Knowing, All-Wise.

(The Verse may implicitly say that you can return the disbelieving women to the disbelievers. So, it could also be interpreted that there is no any reason to retain them with you (e.g. there is no any sexual purpose towards them), so you can release them)(On the other hand, according to Verse 9:6, if a polytheist seeks your protection, you can grant them protection)(Allah knows best)

4:19 O you who believe, it is not lawful for you to inherit women by force. And do not constraint them in order to take part of what you have given them unless they commit a clear immorality. And live with them in kindness. For if you dislike them - perhaps you dislike a thing and Allah has placed much good in it.

(In Judaism and Christianity, according to Genesis 38:8, women must have relations with her husband’s brother, while in Islam women have no obligation or cannot be forced to have relations)(Allah knows best)

2:231 And when you divorce women and they reach their term, then either retain them in a fair manner or release them in a fair manner. And do not retain them to hurt them so that you transgress. And whoever does that, then indeed, he wrongs himself. And do not take the Verses of Allah in jest, and remember the Favors of Allah upon you and what is revealed to you of the Book and the wisdom by which He instructs you. And fear Allah and know that Allah is All-Knower of everything.

(Women can divorce in Islam, but they cannot divorce in Christianity (Matthew 5:32). So, she could be oppressed or abused (e.g. raped) by her husband)(In Judaism and Christianity, in Deuteronomy 22:28-29, if a man rapes a girl, he must marry her forever and can never divorce. So, this could rather punish the victim, and the rapist would go unpunished)(Allah knows best)

4:25 And whoever among you is not able to marry free chaste believing women, then from those whom your right hands possess of believing girls. And Allah knows all about your faith. You are of one another. So marry them with the permission of their family and give them their bridal due in a fair manner. Chaste, not committing immorality and not taking secret lovers. Then if after marriage they commit adultery, then their punishment is half of that which is for free chaste women. That is for whoever among you who fears committing sin, and to be patient is better for you. And Allah is Oft-Forgiving, Most Merciful.

(In Verse 4:25, “So marry them” refers to those whom right hands possess, this is confirmed by this sentence: “Then if after marriage they commit adultery, then their punishment is half of that which is for free chaste women”. So, in this sentence there is a distinction between “free chaste women” which is explicitly mentioned, then what the “right hands possess” is also explicitly mentioned and then implicitly referred as “they”, “their” and “them”. In other words, “they” and “their” have been differentiated from “free chaste women” because there is a distinction between them in that sentence (for one is half of that which is for the other))(Allah knows best)

24:33 And let those who do not find marriage refrain until Allah enriches them of His Bounty. And those who seek (yabtaghuna) the writing from among whom your right hands possess, give them the writing if you know any good in them, and give them from the wealth of Allah, which He has given you. And do not compel your slave girls to prostitution (l-bighai), if they desire (aradna) chastity (tahassunan), to seek temporary gain of the life of the world. And whoever compels them, then indeed, Allah is, after their compulsion, Oft-Forgiving, Most Merciful.

(Verse 24:33 confirms that you have to marry in order to have relations (“those who seek the writing from among whom your right hands possess”)(In regard to “do not compel your slave girls to prostitution, if they desire chastity”; the sentence does not imply that “prostitution” is allowed, but the root of “bighai” / “tabtaghu” / “yabtaghu” (prostitution / seek) is “Ba-Ghayn-Ya”, and it means “sought for or after, desired, endeavored to find and take and get (good or evil), unchaste, loving or affecting a thing, etc.”. So, according to the context of the Verse, you cannot compel them in regard to seeking / desiring a husband, if they want to remain chaste. This interpretation is confirmed within the same Verse, which uses the same root word than in a previous sentence “those who seek (Ba-Ghayn-Ya) the writing from among whom your right hands possess”. So, compelling them to get married if she desires to be chaste” is called “prostitution”. Prostitution / fornication / adultery are forbidden in Islam anyhow. So, sexual relations is always in the context of marrying in the Qur’an. If someone was to be compelled to marry, it could also be rape, if she desires to be chaste or single. Such compulsion is also forbidden in Islam)(The root of “arad” is “Ra-Waw-Dal”, and it means “to seek, search (for food), go round about. Iradatun – will, free will. Rawada – desire, seduce, entice, etc. Yuridu – he wishes, intends, etc.”)(Allah knows best)

25:68 And those who do not invoke with Allah another god, and do not kill the soul which Allah has forbidden, except by right, and do not commit adultery/fornication. And whoever does that will meet a penalty.

(Adultery and fornication are explicitly forbidden)(Allah knows best)

24:32 And marry the single among you and the righteous among your male slaves, and your female slaves. If they are poor, Allah will enrich them from His Bounty. And Allah is All-Encompassing, All-Knowing.

(The word “marry” is explicitly mentioned in regard to slaves)(Allah knows best)

5:5 This day good things are made lawful for you; and the food of those who were given the Book is lawful for you, and your food is lawful for them. And chaste women from the believers and chaste women from those who were given the Book before you, when you have given them their bridal due, being chaste, not being lewd, nor ones (who are) taking secret lovers. And whoever denies the faith - then surely his deeds are wasted and in the Hereafter he will be among the losers.

4:3 And if you fear that not you will be able to do justice with the orphans, then (fa) marry what seems suitable to you from the women - two, or three, or four. But (fa) if you fear that you will not be just, then (fa) one or what your right hands possess. That is more appropriate that you may not oppress.

(“What your right hands possess” is not an exception to be just, nor an exception to marry one, two, three or four, but the same rules are applied to all of them (women, orphans and what your right hand possess), because, according to the context, it is a matter of sequence or order: first the orphans, then the “women”, then what your right hand possess, because the Verse mentions “fa” between them. “Fa” indicates order in Arabic)(The Verse also says “that is more appropriate that you may not oppress”, so the Verse does not make some women an exception in regard to being just to them, but, instead, you cannot oppress people)(Allah knows best)

33:50 O Prophet, Indeed, We have made lawful to you your wives to whom you have given their bridal money and those whom you rightfully possess from what Allah has given to you and the daughters of your paternal uncles and the daughters of your paternal aunts and the daughters of your maternal uncles and the daughters of your maternal aunts who emigrated with you and a believing woman if she gives herself to the Prophet, and the Prophet wishes to marry her - only for you, excluding the believers. We certainly, know what We have made obligatory upon them concerning their wives and those whom they rightfully possess, that there should be no discomfort upon you. And Allah is Oft-Forgiving, Most Merciful.

(Verse 33:50 is addressed to the Prophet. There is a mention of the wives, together with those whom rightfully possess and other women. According to the context, the Verse mentions those women who are “lawful” for marriage, besides the ones who he is already married (who are also lawful). The Verse specifies “if she gives herself to the Prophet, and the Prophet wishes to marry her”. The Verse explicitly mentions “lawful” and “marry”, so they are lawful “for marriage”, not lawful for “fornication”)(On the other hand, she is not forced to marry him, because the Verse says “if she gives herself to the Prophet”)(Allah knows best)

23:5 And those who are guardians of their modesty 23:6 Except from their spouses or what they rightfully possess, then indeed, they are not blameworthy.

(Verses 23:5-6 and 70:29-30 are similar to verse 24:30-31, so it confirms that the context is not about sexuality, because one of the exceptions is “what they rightfully possess”, and you cannot have sexual relations with what you rightfully possess unless you are married; so the context is about modesty in dressing and in looking at people (Verse 24:31 says “and guard their modesty, and not display their adornment”))(Allah knows best)

70:29 And those who are guardians of their modesty, 70:30 Except from their spouses or what they rightfully possess, then indeed, they are not blameworthy,

24:30 Say to the believing men to lower their gaze and they should guard their modesty. That is purer for them. Indeed, Allah is All-Aware of what they do. 24:31 And say to the believing women to lower their gaze and guard their modesty, and not display their adornment except what is apparent of it. And let them draw their head covers over their bosoms, and not display their adornment except to their husbands, or their fathers, or their husbands’ fathers, or their sons, or their husbands’ sons, or their brothers, or their brothers’ sons, or their sisters’ sons, or their women, or that which their right hands possess, or the attendants having no physical desire among men, or children who are not aware of the private aspects of women. And let them not stamp their feet to make known what they conceal of their adornment. And turn to Allah altogether O believers, so that you may succeed.

(For example, that which their right hands possess, and for example her husband’s sons are exceptions to the prohibition (24:31), while they could have sexual attraction, but the sons cannot marry her after their father (4:22). So, for example, the son could be an exception to lower his gaze (24:31), because Verse 24:30 requires an exception (e.g. men’s wives, etc.), and it is implicitly found in Verse 24:31. It is confirmed by the sentence, “and not display their adornment except...” which could indicate that e.g. the sons can see their adornment, so that they would not lower their gaze, so the Verse is not about sexuality but about modesty in dressing and modesty in looking at people who is outside your “circle”, not who is inside)(“Fa-Ra-Jiim” means to separate, let a space between, make a room, etc., so the Verse is about guarding a space, gap or breach between two things)(“Gh/Ghayn-Dad-Dad” means “lowered”, “contracted”, “lessened” and “restrain”)(Allah knows best)

See also: Is slavery allowed in Judaism and Christianity? Are sex slaves allowed in Judaism and Christianity?

See also: Explanation of Verses 66:1-6: Incident of honey or Maria the Copt? Muhammad’s wife or concubine?

See also: Does Islam support pedophilia or child marriages? Did Prophet Muhammad marry a 6 year old?

See also: Is it allowed in Islam to have relations with maids/slaves without marrying? Is adultery permitted?

See also: Do non-Muslims oppress women?

See also: Does Islam oppress women?

See also: Can you commit incest?

See also: Is polygamy okay? Why are men permitted to have 4 wives but women are only allowed one husband?

See also: Does women have the obligation or can be forced to have relations with her husband’s brother, as in Judaism and Christianity?

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