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RAPE AGAINST MUSLIM WOMEN
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[QUOTE]Originally posted by Dalia*: [QB] [b]Is there recognition of marital rape in Islam?[/b] 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) [b]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[/b]. 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) [b]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. It is important to not confuse the issue of mutual rights that a couple has on each other with the misguided, distorted and misogynist assumption that women become a husband's property.[/b] Islam does not allow for or tolerate ownership of human beings. Human dignity does not allow that any one person has the right to own, mind/body/soul, another human being... and Islam demands that all human beings respect the humanity of everyone. [URL=http://www.muslimaccess.com/articles/Women/rape_in_islam.asp]www.muslimaccess.com/articles/Women/rape_in_islam.asp[/URL] [/QB][/QUOTE]
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