I see mixed messages on this.
I found one Hadith which seems to infer that consent is required.
> حَدَّثَنِي مَالِكٌ، عَنْ نَافِعٍ، أَنَّ عَبْدًا، كَانَ يَقُومُ عَلَى
> رَقِيقِ الْخُمُسِ وَأَنَّهُ اسْتَكْرَهَ جَارِيَةً مِنْ ذَلِكَ
> الرَّقِيقِ فَوَقَعَ بِهَا فَجَلَدَهُ عُمَرُ بْنُ الْخَطَّابِ وَنَفَاهُ
> وَلَمْ يَجْلِدِ الْوَلِيدَةَ لأَنَّهُ اسْتَكْرَهَهَا .
>
> Malik related to me from Nafi that a slave was in charge of the slaves
> in the khumus and he forced a slave-girl among those slaves against
> her will and had intercourse with her. Umar ibn al-Khattab had him
> flogged and banished him, and he did not flog the slave-girl because
> the slave had forced her.
>
> Muwatta Malik https://sunnah.com/urn/515160
But the Quran and the rest of the Hadiths on this matter do not refer to consent at all. There is no mention of it.
Many Muslims will make an argument that because Muhammad said "do no harm" this would apply to sexual relations too and mean consent is required, but this is really stretching it.
Others say that because Muhammad ordered a slave freed because she was slapped, therefore consent is required for sex with a female slave.
What is the right interpretation?
Asked by Juzernejm
(11 rep)
Jul 31, 2024, 09:22 PM
Last activity: Aug 2, 2024, 07:23 AM
Last activity: Aug 2, 2024, 07:23 AM