“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.”
“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 ...”
Kecia Ali
“When directly confronted, in a polemical context, with historical and textual permission for the sexual use of unfree women, Muslim authors sometimes respond defensively, seeking to protect Islam’s re...”
Kecia Ali
“They agreed unanimously that an enslaved female’s consent was never required for a marriage contracted by her owner. Al Shafii (d. 820) is typical: “He may marry off his female slave without her permi...”
Kecia Ali
“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 sl...”
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 ...”
Kecia Ali
