Q: As Salaamu Alaikum..
What’s Islam’s Stance regarding Marital Rape? Is it illegal for a women to resist her husbands sexual advances in a Islamic State? If Yes, Why?
Jazakum Allah khayran
Time: Wednesday April 15, 2009 at 9:34 am
A: وعليكم السلام ورحمة الله وبركاته
Although we thank you for taking out the time in requesting a response, your question is remains sexist. The latter part of your query implies that only men rape. Secularist laws and society have made clear that the cruel behavior of rape goes both ways, even though statistically in remains to be greatly reported one-way.
Woman no different to men have emotions and aliments that prevent them from certain activities. Woman (men) are not like water faucets either. Thus, if s/he is ‘not in the mood,’ suffering from an illness — Islam awards her/im the right to express her/himself and promotes as well as awards virtue to the tolerant. The books of fiqh allow for remedies to be sort regarding a wo/man that cannot function in an adult related manner for her/is spouse. Thus, the need for rape does not exist within the confinements of a good moral household.
As for a response from an ‘Islamic State perspective,’ you must contact a person that is regulated directly under such laws as they relate to an islamic state. I am more familiar with general laws that apply to Muslims in America and using my islamic knowledge to bridge between Islam and the ‘west’ in a healthy manner.
Islam seeks safety for all:
حدثنا آدم بن أبي إياس قال حدثنا شعبة عن عبد الله بن أبي السفر وإسماعيل بن أبي خالد عن الشعبي عن عبد الله بن عمرو رضي الله عنهما
عن النبي صلى الله عليه وسلم قال المسلم من سلم المسلمون من لسانه ويده والمهاجر من هجر ما نهى الله عنه
A Muslim must keep another Muslim safe — both with tongue and hand, a Muslim is also a person that moves away from evil (and helps others do likewise.)
The above hadith functions as awarding safety to all as a requirement of attaining perfection of faith. Without the above, one would have faith, however, such a faith-based person would be lacking doing justice to being a servant in the fullest sense of the word/action.
Likewise, it is not dignified nor appropriate for a man (or woman) seeking healthy relations to reduce the dignity of another through avenues of violence — be it rape, abusive language, etc. Such lowly behavior remains against the established sunnah of our Prophet (SAW). Additionally, no proof exists that any Prophet sanctioned rape or other similar behavior upon their spouses or subjects. Thus, the islamic and thus the sharia view is that one must refrain from such action.
Allah Certainly Knows Best.