Kecia Ali

Quotes

• “For premodern Muslim jurists, as well as for those marginal figures who believe that the permission still holds, the category "rape" doesn't apply: ownership makes sex lawful; consent is irrelevant.”
• “The permissibility of sex with the captive women was taken for granted by all the men involved, including the Prophet himself. (There is no indication of what the captured women thought, or the wives of the men involved.) Not only do the Prophet and the soldiers ignore the question of the women’s consent or lack thereof, but so does Algosaibi, focusing solely on contraception in his discussion of this hadith.”
• “A man’s intercourse with a female slave might constitute zina¯ only if she belongs to someone else.”
• “For premodern Muslim jurists, as well as for those marginal figures who believe that the permission still holds, the category "rape" doesn't apply: ownership makes sex lawful; consent is irrelevant.”
• “The silence of the Hanafis can be explained easily: a wife's sexual refusal is irrelevant if not accompanied by her deartre from the conjugal hime, because the hsband is permitted to have sex with her without her consent. Non-Hanafis do not penalize a husband for forcing sex on his wife, but neither do they explicitly authorize it in the way that al-Khassaf does. For all, marital rape is an oxymoron; rape (ightisab) is a property crime that by definition cannot be committed by a husband.”
• “The permissibility of sex with the captive women was taken for granted by all the men involved, including the Prophet himself. (There is no indication of what the captured women thought, or the wives of the men involved.) Not only do the Prophet and the soldiers ignore the question of the women’s consent or lack thereof, but so does Algosaibi, focusing solely on contraception in his discussion of this hadith.”

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