Carolina QuotesThe 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.
Kecia Ali Connected to the Carolinas
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(Kecia Ali, Marriage and Slavery in Early Islam) — Kecia Ali, Marriage and Slavery in Early Islam, Harvard University Press, p. 120
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“The silence of the Hanafis can be explained easily: a wife's…” Kecia Ali. Carolina Quotes, record CQ-E25DECD171. https://carolinaquotes.com/quote/e25decd171
More from Kecia Ali
A surprising assertion about consent also appears in a recent monograph by a scholar of Islamic legal history who declares in passing that the Quran forbids nonconsensual relationships between owners and their female slaves, claiming that “the master–slave relationship creates a status through which sexual relations may become licit, provided both parties consent.” She contends that “the sources” treat a master’s nonconsensual sex with his female slave as “tantamount to the crime of zina [illicit sex] and/or rape.” 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.
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.
A man’s intercourse with a female slave might constitute zina¯ only if she belongs to someone else.