Carolina QuotesThough 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.
Kecia Ali Connected to the Carolinas
Source
(Kecia Ali, Concubinage and Consent)— Kecia Ali (2017). "Concubinage and Consent". International Journal of Media Studies. 49. doi:10.1017/S0020743816001203
- year
- 2017
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“Though seldom discussed, forced sex with one’s wife might (o…” Kecia Ali. Carolina Quotes, record CQ-DC107F35EA. https://carolinaquotes.com/quote/dc107f35ea
More from Kecia Ali
A man’s intercourse with a female slave might constitute zina¯ only if she belongs to someone else.
For premodern Muslim jurists, as well as for those marginal figures who believe that the permission still holds, the category "rape" doesn't apply: ownership makes sex lawful; consent is irrelevant.
Though I believe in the strongest possible terms that meaningful consent is a prerequisite for ethical sexual relationships, I am at a loss to find this stance mirrored in the premodern Muslim legal tradition, which accepted and regulated slavery, including sex between male masters and their female slaves....I recall no instance in any Maliki, Hanafi, Shafii, or Hanbali text from the 8th to 10th centuries where anyone asserts that an owner must obtain his female slave’s consent before having sex with her. Indeed, I am aware of no case where anyone asks whether her consent is necessary or