Postby FAH1223 » Thu Jun 20, 2013 11:52 am
I posted this last year:
Imam Malik said: In our view the man who rapes a woman, whether she is a virgin or not, if she is a free woman he must pay a “dowry” like that of her peers, and if she is a slave he must pay whatever has been detracted from her value. The [hadd] punishment (lashing or stoning) is to be carried out on the rapist and there is no punishment for the woman who has been raped, whatever the case. Al-Muwatta’, 2/734
The Qur'an says:
And force not your slave-girls to prostitution, if they desire chastity, in order that you may make a gain in the goods of this worldly life. But if anyone compels them, then after such compulsion, Allah is Oft-Forgiving, Most Merciful. [24:33]
The Prohibition of Forcing One's Slave Girl to Commit Zina (fornication)In his Musnad, Al-Hafiz Abu Bakr Ahmad bin `Amr bin `Abd Al-Khaliq Al-Bazzar, may Allah have mercy on him, recorded that Az-Zuhri said, "`Abdullah bin Ubayy bin Salul had a slave-girl whose name was Mu`adhah, whom he forced into prostitution. When Islam came, the Ayah
[وَلاَ تُكْرِهُواْ فَتَيَـتِكُمْ عَلَى الْبِغَآءِ]
(And force not your slave-girls to prostitution...) was revealed.'' Al-A`mash narrated from Abu Sufyan that Jabir said concerning this Ayah, "This was revealed about a slave-girl belonging to `Abdullah bin Ubayy bin Salul whose name was Musaykah. He used to force her to commit immoral actions, but there was nothing wrong with her and she refused. Then Allah revealed this Ayah:
[وَلاَ تُكْرِهُواْ فَتَيَـتِكُمْ عَلَى الْبِغَآءِ]
(And force not your slave-girls to prostitution,) until His saying;
[وَمَن يُكْرِههُنَّ فِإِنَّ اللَّهِ مِن بَعْدِ إِكْرَاهِهِنَّ غَفُورٌ رَّحِيمٌ]
(But if anyone compels them, then after such compulsion, Allah is Oft-Forgiving, Most Merciful.)'' An-Nasa'i also recorded something similar. Muqatil bin Hayyan said, "I heard -- and Allah knows best -- that this Ayah was revealed about two men who used to force two slave-girls of theirs (into prostitution). One of them was called Musaykah who belonged to [the Ansari], and Umaymah the mother of Musaykah belonged to `Abdullah bin Ubayy. Mu`adhah and Arwa were in the same situation. Then Musaykah and her mother came to the Prophet and told him about that. Then Allah revealed:
[وَلاَ تُكْرِهُواْ فَتَيَـتِكُمْ عَلَى الْبِغَآءِ]
(And force not your slave-girls to prostitution), meaning Zina.
[إِنْ أَرَدْنَ تَحَصُّناً]
(if they desire chastity,) means, if they want to be chaste, which is the case with the majority of slave-girls.
[لِّتَبْتَغُواْ عَرَضَ الْحَيَوةِ الدُّنْيَا]
(in order that you may make a gain in the goods of this worldly life.) meaning, from the money they earn and their children. The Messenger of Allah forbade the money earned by the cupper, the prostitute and the fortune-teller. According to another report:
«مَهْرُ الْبَغِيِّ خَبِيثٌ وَكَسْبُ الْحَجَّامِ خَبِيثٌ، وَثَمَنُ الْكَلْبِ خَبِيثٌ»
(The earnings of a prostitute are evil, the earnings of a cupper are evil, and the price of a dog is evil.)
[وَمَن يُكْرِههُنَّ فِإِنَّ اللَّهِ مِن بَعْدِ إِكْرَاهِهِنَّ غَفُورٌ رَّحِيمٌ]
(But if anyone compels them, then after such compulsion, Allah is Oft-Forgiving, Most Merciful.) meaning, towards them, as has already been stated in the Hadith narrated from Jabir. Ibn Abi Talhah narrated that Ibn `Abbas said, "If you do that, then Allah is Oft-Forgiving, Most Merciful, and their sin will be on the one who forced them to do that.'' This was also the view of Mujahid, `Ata' Al-Khurasani, Al-A`mash and Qatadah. After explaining these rulings in detail, Allah says:
[وَلَقَدْ أَنْزَلْنَآ إِلَيْكُمْ ءَايَـتٍ مُّبَيِّنَـتٍ]
(And indeed We have sent down for you Ayat that make things plain,) meaning, in the Qur'an there are Ayat which are clear and explain matters in detail.
[وَمَثَلاً مِّنَ الَّذِينَ خَلَوْاْ مِن قَبْلِكُمْ]
(and the example of those who passed away before you,) means, reports about the nations of the past and what happened to them when they went against the commandments of Allah, as Allah says:
[فَجَعَلْنَـهُمْ سَلَفاً وَمَثَلاً لِّلاٌّخِرِينَ ]
(And We made them a precedent, and an example to later generations.) [43:56]; We made them a lesson, i.e., a rebuke for committing sin and forbidden deeds.
[لِّلْمُتَّقِينَ]
(for those who have Taqwa. ) meaning, for those who remember and fear Allah.
Thirdly, the Qur'an and prophet Muhammad repeatedly instructed the Muslims not only to refrain from harming their slaves, but also to treat them well. And you're trying to argue that Muslim men are allowed to rape their slaves?
Hadiths on the treatment of slaves:
Ali reported that the last words of the Prophet, may Allah bless him and grant him peace, were: "The prayer! The prayer! Fear Allah concerning your slaves! [Bukhari]
"Your servants and your slaves are your brothers. Anyone who has slaves should give them from what he eats and wears. He should not charge them with work beyond their capabilities. If you must set them to hard work, in any case I advise you to help them." [Bukhari]
Jabir ibn 'Abdullah said, "The Prophet, may Allah bless him and grant him peace, advised that slaves should be well-treated. He said, 'Feed them from what you eat and clothe them from what you wear. Do not punish what Allah has created. [Bukhari]
Sallam ibn 'Amr reported from one of the Companions of the Prophet, may Allah bless him and grant him peace, said, "Your slaves are your brothers, so treat him well. Ask for their help in what is too much for you and help them in what is too much for them." [Bukhari]
From the last sermon: "And your slaves! See that you feed them such food as you eat yourselves and dress them what you yourself wear. And if they commit a mistake which you are not inclined to forgive then sell them, for they are the servants of Allah and are not to be tormented!"
And again from the Qur'an:
"Serve God, and join not any partners with Him ; and do good to parents, kinsfolk, orphans, those in need, neighbours who are near, neighbours who are strangers, the Companion by your side, the way-farer (ye meet), And what your right hands possess [i.e. slaves] : for God loveth not the arrogant, the “vainglorious" [4:36]
Islam prohibits mistreatment of slaves - it is ludicrous to argue that it would permit men to rape their slaves, an act worse than simple mistreatment.
However, there is So much discussion over an issue that has no relevance any longer.
Slavery was a huge issue at the time Islam came to Arabia. Islam tried to abolish slavery.
Slavery has been abolished world wide. Where it exists, it is illegal. So if it exists somewhere, then the issue is not "oh, can we have sex with the slave-girls"; the issue becomes, "this is illegal, it must be abolished and the slave-owners punished".