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Why Should We Call Marital Rape ‘ناشائستگی،
I agree with Ghamidi Sb in almost everything but was quite surprised and disturbed at his reasoning of not calling Marital Rape Marital Rape. When something is done without consent, it should be dealt and prohibited accordingly. Just because of a marriage contract in place, we cannot call marital rape ‘ناشائستگی’
Kindly guide.
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8 Replies
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Why Should We Call Marital Rape ‘ناشائستگی،
updated 2 years, 1 month ago
5 Members
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8
Replies
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Marital rape is self contradictory term that is why it is not recommended. The word na shaistagi is not a mild condemnation as it sounds to you. A momin is never supposed to be na shaista.
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Is it Haraam then or not since it is done against the consent?
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This is unethical and should be treated like that.
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But the person who is violated is violated the same way as in the typical rape then why this hesitancy in condemning it strictly and calling it haraam?
And let’s say that he wife doesn’t want to be with the husband anymore and even after this the husband proceeds to do the same, will it be haraam then?
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If the wife doesn’t want an intimate relationship then she should seek divorce.
Halal and haram are determined according to Quran verse 7:33. For details please see:
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The question was when the wife has asked for divorce and has expressed that she doesn’t want to be with the man, and he still does it by power, it still won’t be haraam?
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Any updates on this? Is marital rape just a modern concept?
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In my opinion, calling it a rape is extreme for many reasons as described below.
Marriage by itself is allowing physical relationship in a respectable and mutually agreeable manner.
If a women is not yet divorced, but seeking divorce and wants to avoid physical relationship, she may have an option to start living separately before completion of divorce.
If she continues to live with husband then she is messaging the husband that she is open to reconciliation and physical relationship in a mutually agreeable manner.
It is also fairly common where a married couple is involved in a normal non-violent physical relationship but one party is not happily agreeable for some reason. Nothing wrong here either.
The issue arises, regardless of the fact if a couple is or isn’t going through divorce, when a husband forcefully have a relationship with wife or uses physical or psychological violence.
In such case it is a case of violence, not rape. Between married people it can’t be rape but a case of abuse and violence. The guilty party should be punished based on the laws of violence and abuse.
If a case of rape is allowed between married couple, then many women going through divorce would deliberately sleep with the husband and then simply claim that they were raped. The women can use this power to gain leverage in divorce case or to take revenge from a husband.
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