Islam’s understanding of morality is rooted in three foundational blocks : Qur’an, Hadith, and Fiqh. To claim that Islam supports such a heinous act like rape would be a gross misunderstanding of the basics of how Islamic law operates. Here are some common claims levied against Islam, followed by a Fiqh rebuttal.
- Claim #1 : Islam supports Concubinal Rape.
Debunking :
Abu Abdullah al-Halimi, in Minhaj fi Shu’ab al-Iman vol 3, pg 267 :
“If a female slave is purchased and she dislikes to be touched, or slept with, then he may not touch her, lie with her, or have intercourse with her unless she agrees.”
- Claim #2 : Islam supports Marital Rape.
Debunking :
Imam ash-Shafi’i - Kitab al-Umm, Vol 5, pg 203-205.
“As for intercourse, it is a domain of mutual pleasure, and no one is to be forced into it.”
- Claim #3 : Islam supports statutory Rape.
Sub claim 3a) A girl betrothed into marriage by her father to a man, has no way to exit the marriage if she does not want it.
Debunking :
Ibn Abidin : Radd al-Muhtar Vol 6, Chapter on Kitab al-nikah,
“… And if the guardian acts unjustly, ie forces one (into marriage) contrary to marriageability or against her will, then after attaining regulatory maturity, she may approach the judge, who can annul the marriage if deemed unfit…”
Sub claim 3b) A girl without mental maturity can enter into a marriage.
Debunking :
Ibn Ashur, : Tahrir wa Tanwir on Tafsir 4:6
" It is not sufficient for the validity of marriage contract that a girl has only reached puberty. Rather her mental maturity (Rushd) is also required. Therefore it is not permissible for her to marry before she attains mental soundness so that she is capable of bearing the responsibilities of marriage. "
Sub claim 3c) the Qur’an in 65:4 permits marrying pre pubescent girls.
Debunking : Periods are part of Gonadal puberty. However, girls undergo Adrenal puberty first, marked with signs such as underarm hair.
Thus, there is no contradiction. Islam still requires girls to start puberty before they can enter into a marriage contract.
Al- Mughni by Ibn Qudamah :
“reaching puberty is a condition for the validity of the marriage contract, thus, the marriage of a minor who has not reached puberty is not valid”.
Sources from internet.
The people who think that have no desire for understanding. What they want is an “Other” to push everything wrong with their society onto.
The people who think that
they want
their society
What they want is an “Other”
Yeah
