For premodern Muslim jurists, as well as for those marginal figures who believe that the permission still holds, the category "rape" doesn't apply: o… - Kecia Ali

The silence of the Hanafis can be explained easily: a wife's sexual refusal is irrelevant if not accompanied by her deartre from the conjugal hime, because the hsband is permitted to have sex with her without her consent. Non-Hanafis do not penalize a husband for forcing sex on his wife, but neither do they explicitly authorize it in the way that al-Khassaf does. For all, marital rape is an oxymoron; rape (ightisab) is a property crime that by definition cannot be committed by a husband.

A man’s intercourse with a female slave might constitute zina¯ only if she belongs to someone else.

Though seldom discussed, forced sex with one’s wife might (or, depending on the circumstances, might not) be an ethical infraction, and conceivably even a legal one like assault if physical violence is involved...This scenario is never, however, illicit in the jurists’ conceptual world. Nonconsensual sex—what contemporary Westerners would term rape—might be either a coercive subset of zina, with blame lifted from the coerced participant, or a at type of usurpation (ightisab ), a property crime that by definition cannot be committed by a husband or owner, who possesses an entitlement to, or ownership over, his wife’s or slave’s sexual capacity.