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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, b… - 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.
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About Kecia Ali
Kecia Ali is an American scholar of Islam who focuses on the study of Islamic jurisprudence, ethics, women and gender, and biography. She is currently a professor of religion at Boston University.
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Even if he marries off his own slave and no longer has lawful access to her, his having sex with her is a lesser transgression than zina¯. The jurists’ occasional affirmations that a married female slave whose owner nonetheless has sex with her is not to be punished is the closest any of these texts comes to considering the relevance of an enslaved woman’s consent. Notably, the issue emerges only because she is married to another man, a marriage for which jurists uniformly agree that her consent would have been unnecessary
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The permissibility of sex with the captive women was taken for granted by all the men involved, including the Prophet himself. (There is no indication of what the captured women thought, or the wives of the men involved.) Not only do the Prophet and the soldiers ignore the question of the women’s consent or lack thereof, but so does Algosaibi, focusing solely on contraception in his discussion of this hadith.
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