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Is Forcing Yourself On A Slave Physically Permitted?
In islam it is a sin for a slave woman to deny her master intimacy, however to what extent can he “force” her to comply? Can he hold her down and force himself on her? Especially given the situation of a new war captive or a young person who could be scared and traumatized.
“If the wife or slave girl refuses to have intercourse without a legitimate excuse, then the husband or master may compel her to do so. However, he should take into consideration her psychological state and treat her kindly and gently in general, as the Prophet (peace and blessings of Allah be upon him) said: “Kindness does not enter into anything but adorns it, and it does not depart from anything but disfigures it.” Narrated by Muslim.
https://shamela.ws/book/27107/49829
“The wife should first be admonished and warned against disobedience and God’s wrath upon her and the curse of the angels upon her. If she does not respond, the husband should abandon her in bed. If she still does not respond, he should beat her lightly. If that does not work, he should withhold her maintenance and clothing, and he may divorce her or grant her a khul‘ (divorce in exchange for compensation).
Similarly, a slave woman may not refuse to fulfill her master’s desire except with an excuse. If she does so, she is disobedient, and he may discipline her as he sees fit and as permitted by Islamic law.”
https://islamqa.info/ar/answers/33597/اجبار-الزوج-زوجته-على-الجماع
I have seen islamic speakers say that it is haram to force yourself on a wife because it goes against living with them honourably. Instead to take disciplinary measures as stated in the quran. What about for slave women?
You can discipline a slave for refusing intimacy either verbally or physically because it counts as disobedience.
“Ibn Qudamah said in Al-Mughni: He may discipline his slave and his female slave if they sin, by rebuking them and striking them lightly, just as he disciplines his son and his wife if they are disobedient. He may not strike them without cause, nor strike them severely even if they sin, nor strike them in the face.”
https://islamweb.net/ar/fatwa/137527/حدود-طاعة-العبد-لسيده-ومدى-جواز-ضربه?utm_source=chatgpt.com
But heres where my confusion lies the prophet said the following:
“It is not wise for anyone of you to lash his wife like a slave, for he might sleep with her the same evening.”
https://sunnah.com/bukhari:4942
Is he allowing the latter? As in he may do that with a slave.
I found this commentary on the following where it states that the prophet (SAW) was only comparing the two.
But i also found this:
Al-Hajaawi and Al-Bahooti said: And the master can beat a slave more severely than his wife or child because of the saying of the Prophet ﷺ:
Do not beat your wife as you beat your slave-girl.
https://islam.stackexchange.com/questions/38783/forcing-a-slave-to-be-compliant/38790#38790
To what extent is beating and forced intimacy considered blameworthy. Because even-though I have seen over and over people saying that forcing yourself on a slave wouldn’t be allowed because beating and slapping on the face is not allowed. But that is provided that the slave committed no sin. Refusing a master intimacy is a sin just as for a wife. So would physically harming her while taking your right be justified in sharia.
“Whoever beats a slave without him having done anything to deserve it, or slaps him, his expiation is to manumit him.”
https://sunnah.com/muslim:1657b
Also not many if not any fatwa sites i ask give me a proper answer or answer at all, they usually divert the topic into the fact that slavery doesn’t exist anymore. I asked sheikh assim al hakeem through his website and he replied saying it was irrelevant. When i asked again here is what he replied with:
Question: You said this question is irrelevant but could you please give me an answer as I am studying slavery and this weighs on my mind. If a slave woman refused intimacy without reason could her master physically force himself on her if she is actively resisting. Could an injurious beating or physical coercion be allowed. I ask to understand these claims i see about this. Is mental trauma considered
His answer:
“Is buying and selling a slave permissible in your standards?
Wouldn’t that cause any trauma to that individual when being displayed to be sold and auctioned publicly?
Would putting the slave in chains and restraining him or her from escaping which might lead to injury, would that be fine with you?
Answering these questions could help a lot in weighing in where you stand in Islam!
I would appreciate you answering these questions. “
A very terrible answer in my opinion full of sarcasm and arrogance and seems like hes implying that it’s okay to force yourself on a slave by comparing all the other things that are harmful that they were subjected to.
I also asked the website Mufti Says and they answered with a very brief statement but they seemingly said its impermissible:
My question:
“ I know this question is irreverent but could you please give me an answer as I am studying slavery and this weighs on my mind. Is forced intimacy with slaves allowed, im talking about physical force of holding someone down. If a slave woman refused her master with no reason, could he force himself on her if she is resisting /unwilling. Even if she’s sinful for this, would an injurious beating or forced intercourse be permitted for this? Would this not count as phycological harm and be sinful?
The Answer:
“There are more important issues in Islam that pertains to one’s Iman than rulings related to slavery.
Such is not permissible in Islam.
And Allah knows best.”
I will end with this saying attributed to the prophet SAW
“Abu Dharr reported: The Messenger of Allah, peace and blessings be upon him, said, “Whoever is suitable for you among your slaves, feed them from the same food you eat and clothe them from the same clothes you wear. Whoever is not suitable for you, sell them and do not torture the creation of Allah.”
Source: Sunan Abī Dāwūd 5161
Grade: Sahih (authentic) according to Al-Albani
https://www.abuaminaelias.com/dailyhadithonline/2018/04/23/slaves-servants-do-not-torture/
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7 Replies
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Is Forcing Yourself On A Slave Physically Permitted?
updated 2 months ago
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Slapping in the face of any human being is Haram. If that’s the case then what is the possibility that you can “beat” someone, which is much more worse.
Just imagine a war break down and a Muslim woman becomes a captive and is sold as a slave to a non Muslim Man. And he “forces” her to bed and she rejects it and that man beats her. Then most of the Muslim men will say “she didn’t do anything wrong, the man is in fault” , “she did the right thing by rejecting him and protecting her chastity”
But when it comes to non Muslim girls being sold as slave to a Muslim man, the narrative of these so called Muslims suddenly change.
I will suggest you that you should take the prior knowledge from the Quran, that clearly commands not to wrong any human being.
Also the verse you mentioned regarding the discipline of disobedient wife is applied when a wife is involving with another man, in other words, cheating on her husband. (Husband who is doing everything right and full filling all of his responsibilities).
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Also forcing someone to bed without their consent (which is itself much more worse) and then beating them when they don’t listen is a behaviour of a rapist, not the behavior of a human being that fears Allah.
If you marry someone, then of course you’ll want intimacy with your wife/husband. And if he/she deliberately without any reason deprives you of intimacy, you wouldn’t be happy about it either. Maybe that was the issue with the women in the 7th century, maybe they tried to deprives their husbands of intimacy as a form of punishment. So as to warn them this is sad that the angels will curse her, discipline or beating is no where mentioned in this regard (but I highly doubt this Hadith) as the angels are made in such a way that they can never curse anyone, they don’t have a free will and they do only what Allah tells them to do.
I don’t know where are you getting these type of misogynistic explanations.
Prophet Muhammad (pbuh) never hit a woman. Who is our role model to live a decent life if not him (pbuh)?
And Allah knows best.
I suggest that you watch sir Javed ghamidi videos regarding slavery, then most of your questions will be answered.
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And I don’t think this is the message of Islam. Allah gave us Islam so that we can live a life with morals and have love and respect for each other. Allah commands mercy between human beings, not this barbaric behavior. It goes against the teachings of Quran.
So, I highly doubt all of the interpretations of ahadith and Quranic verses mentioned in your question.
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I think I lacked clarity when I mentioned that the angels can never curse anyone. What I wanted to convey is that the angels do not have a free will and they only act according to the will of Allah, so the curse of angel would mean the curse of God himself. But in this regard where a wife merely refuses intimacy with a valid reason, the angels will never curse her.
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And those reasons can be:
Physical or psychological harm
Menstruation or illness
Neglect of her rights (if the husband fails to provide for her or is abusive)
While she is religiously discouraged from refusing without cause, scholars emphasize that a husband cannot use physical force or violence to compel her. If he forces himself upon her, it is considered a crime or abuse in many classical and modern interpretations
THE PRINCIPLE OF NO HARM (Lā DARAR):
Violent Acts as Jarīmah (Crime): Any forced sexual act that causes physical injury or psychological trauma is classified as a jarīmah (criminal act).
Financial Compensation (Diyah): If a husband causes physical injury to his wife during forced intimacy, he is liable to pay diyah (compensatory damages).
“There should be neither harming [darar] nor reciprocating harm [dirar]” (Hadith 32 of An-Nawawi’s 40 Hadiths).
“But do not take them back just to hurt them [diraran]. And whoever does that has wronged his soul” (Surah Al-Baqarah 2:231).
Jurists use this principle to establish that a husband’s right to intimacy or obedience is not absolute. If exercising a right causes physical, emotional, or psychological harm to the wife, that “right” is legally suspended.
DISCRETIONARY PUNISHMENT (TA’ ZEER)
Scholars such as Ibn Qudamah and contemporary bodies like Dar al-Ifta al-Misriyyah confirm that domestic abuse—including physical violence or forced intimacy—falls under the category of ta’ zeer.
A judge can punish a husband with imprisonment, lashing, or other penalties for actions deemed abusive, including sexual assault.
Some scholars explicitly state that a wife who has been sexually assaulted by her spouse has the right to jirah (civil redress) for her injuries in court.
Authorities like Dar al-Ifta al-Misriyyah and the Islamic Charter on Family explicitly state that husbands who resort to violence will be held civilly and criminally responsible.
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IN CASE OF SLAVE GIRLS
the general principle of Lā Darar (No Harm). If a master’s actions resulted in physical damage or injury, scholars like Al-Bahūtī stated she must be set free
Many modern scholars and institutions, such as Dar al-Ifta al-Misriyyah, argue that forced intimacy (rape) is a form of criminal abuse and is not permissible in Islam, regardless of the woman’s status
“Whoever slaps his slave or beats him, the expiation for that is to manumit [free] him” (Sahih Muslim 1657).
four major schools of law (Hanafi, Maliki, Shafi’i, and Hanbali) agree that the master cannot have sexual relations with a Mukataba. If he does, he is considered to have committed a sin and, in many cases, must pay a penalty or the contract is immediately settled in favor of her freedom.
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Please ask only one question per post.
Keep your question concise.
Islam is the Quran and the Sunnah. The opinions of Fuqaha have no independent value unless they conform to Deen.
Zulm is forbidden. Striking slaves is forbidden. It was made a custom that whoever would strike his slave, he was set free.
However, some slave like your emplyees needed admonition or reprimand, but hitting them was not allowed.
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