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Muslim Slave Rape and Punishment, Husband Rape and Punishment

Answered as per Hanafi Fiqh by Muftionline.co.za

Q:

1. Can a Muslim rape his slave and if he rapes his slave is there a punishment?

2. Can a husband rape his wife and if he rapes his wife is there a punishment?

Bismillaah

A: Rape will be no different if a Christian, Jew or a Muslim does it. Further, when there isn’t any slave in this age and time then it is pointless asking these types of questions.

If a husband has relationship with his wife then this relationship is not called rape, whether it is with or without her approval. It is ignorance to call this type of an affair rape, though Muslims are very considerate in not forcing themselves over their own wives especially when they are ill or going through a bout illness, weakness, worry, anxiety, etc.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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