Rape in Islamic law

In Islam, human sexuality is governed by Islamic law, also known as Sharia. Accordingly, sexual violation is regarded as a violation of moral and divine law. Islam divided claims of rights into two categories 'divine rights' (huquq Allah) and 'interpersonal rights' (huquq al-'ibad): the former requiring divine punishment (hadd penalties) and the latter belonging to the more flexible human realm.

C

 * Thus, marital rape is literally uncriminalizable under dominant interpretations of shari‘a.
 * Domestic Violence and the Islamic Tradition. By Ayesha S. Chaudhry. Oxford University Press, 2013.

D

 * A woman went out to pray at the time of the Prophet, and she was met by a man who attacked her and had his way with her. She screamed and he went away. Then another man passed by and she said: “This man did such and such to me.” A group of the Muhājirīn came by, and she said: “That man did such and such to me.” They caught the man who she thought was the one who had attacked her, and brought him, and she said: “Yes, this is the one.” They brought him to the Messenger of Allah, and when he issued orders concerning him, the one who had attacked her, stood up and said: “O Messenger of Allah, I am the one who attacked her.” He said to her: “Go, for Allah has forgiven you, and he said kind words to the man. [...] And he said concerning the man who had attacked her: “Stone him.” And he said: “He has repented in such a manner that if the people of Al-Madīnah repented like this, it would be accepted from them.
 * , 4379, "narrated from Isrā’īl, from Simāk bin Harb, from ‘Alqamah bin Wā’il, from his father", as translated by Nasiruddin al-Khattab, vol. 5 (Darussalam, 2008), p. 31

H

 * It is otherwise where a woman, residing in the house of her husband, refuses to admit him to the conjugal embrace, as she is entitled to maintenance, notwithstanding her opposition, because being then in his power, he may, if he please, enjoy her by force.
 * The Hedaya, The Commentary On Islamic Laws By Shyakh Burhanuddin Abu Bakr Al Marghinan. Translated By Charles Hamilton, page 141


 * A man may gratify his passion with his female slave in whatever way he pleases. It is lawful for a man to perform the act of Azil (i.e. coitus interruptus) with his female slave without her consent, whereas he cannot lawfully do so by his wife unless with her permission. The reason of this is that the Prophet has forbidden the act of Azil with a free woman without her consent but has permitted it to a master in the case of his female slave.
 * The Hedaya, The Commentary On Islamic Laws By Shyakh Burhanuddin Abu Bakr Al Marghinan. Translated By Charles Hamilton, p.600.

L

 * The fatal blot in Islam is the degradation of women. ... The Muslim soldier was allowed to do as he pleased with any infidel woman he might meet with on his victorious march. When one thinks of the thousands of women, mothers and daughters, who must have suffered untold shame and dishonour by this license, he cannot find words to express his horror, And this cruel indulgence has left its mark on the Muslim character.
 * Stanley Lane-Poole, Selections from the Kur-an, 2nd ed., Preface. Also quoted in Ibn Warraq, Why I am not a Muslim, p 291