saqibmkhan
MPA (400+ posts)
Relationship with Zina: Copied from Rape in Islamic Law-Wikipedia
Classical Islamic law defined what today is commonly called "Rape" as a coercive form of fornication or adultery (zināʾ). This basic definition of rape as "coercive zināʾ" meant that all the normal legal principles that pertained to zināʾ – its definition, punishment, and establishment through evidence – were also applicable to rape; the prototypical act of zināʾ was defined as sexual intercourse between a man and a woman over whom the man has neither a conjugal nor an ownership right. What distinguished a prototypical act of zināʾ from an act of rape, for the jurists, was that in the prototypical case, both parties act out of their own volition, while in an act of rape, only one of the parties does so. Jurists admitted a wide array of situations as being "coercive" in nature, including the application of physical force, the presence of duress, or the threat of future harm either to oneself or those close to oneself; they also included in their definition of "coercion" the inability to give valid consent, as in the case of minors, or mentally ill or unconscious persons.
Muslim jurists from the earliest period of Islamic law agreed that perpetrators of coercive zināʾ should receive the ḥadd punishment normally applicable to their personal status and sexual status, but that the ḥadd punishment should not be applied to victims of coercive or nonconsensual zināʾ due to their reduced capacity.
The crime of rape, according to Sunni Ḥanafī and Mālikī jurists, is as an act of zinā. If the consent was granted under coercion or in a defective legal capacity such as by a mentally impaired person, it is considered non-consent or invalid consent.
In the modern Antiquity Law the definition of, " Rape," is not only a man who is the perpetrator of the rape but it could also be a woman who rapes another woman or a man or a minor of either sex by kidnapping, abducting, or keeping the victim in captivity for prolonged raping or assaulting or someone mentally incapable of defending himself/herself by using overpowering force to satisfy her unbridled sexual desire against the victims.
A "Rape" is considered to have been committed by heterosexuals, transsexuals, homosexuals, lesbians, and gays where illegal excessive force has been used by the rapist to subdue his/her victim and sexual intercourse was committed without the conjugal consent of the victim. Even a disgruntled wife can shout 'rape' if the husband has committed the offence without her consent. I am a layman expressing my views on this subject and beg to be corrected by the law experts.
Classical Islamic law defined what today is commonly called "Rape" as a coercive form of fornication or adultery (zināʾ). This basic definition of rape as "coercive zināʾ" meant that all the normal legal principles that pertained to zināʾ – its definition, punishment, and establishment through evidence – were also applicable to rape; the prototypical act of zināʾ was defined as sexual intercourse between a man and a woman over whom the man has neither a conjugal nor an ownership right. What distinguished a prototypical act of zināʾ from an act of rape, for the jurists, was that in the prototypical case, both parties act out of their own volition, while in an act of rape, only one of the parties does so. Jurists admitted a wide array of situations as being "coercive" in nature, including the application of physical force, the presence of duress, or the threat of future harm either to oneself or those close to oneself; they also included in their definition of "coercion" the inability to give valid consent, as in the case of minors, or mentally ill or unconscious persons.
Muslim jurists from the earliest period of Islamic law agreed that perpetrators of coercive zināʾ should receive the ḥadd punishment normally applicable to their personal status and sexual status, but that the ḥadd punishment should not be applied to victims of coercive or nonconsensual zināʾ due to their reduced capacity.
The crime of rape, according to Sunni Ḥanafī and Mālikī jurists, is as an act of zinā. If the consent was granted under coercion or in a defective legal capacity such as by a mentally impaired person, it is considered non-consent or invalid consent.
In the modern Antiquity Law the definition of, " Rape," is not only a man who is the perpetrator of the rape but it could also be a woman who rapes another woman or a man or a minor of either sex by kidnapping, abducting, or keeping the victim in captivity for prolonged raping or assaulting or someone mentally incapable of defending himself/herself by using overpowering force to satisfy her unbridled sexual desire against the victims.
A "Rape" is considered to have been committed by heterosexuals, transsexuals, homosexuals, lesbians, and gays where illegal excessive force has been used by the rapist to subdue his/her victim and sexual intercourse was committed without the conjugal consent of the victim. Even a disgruntled wife can shout 'rape' if the husband has committed the offence without her consent. I am a layman expressing my views on this subject and beg to be corrected by the law experts.
