PUNISHMENTS FOR MARITAL RAPE IN ISLAM...

According to the laws of the West if a man pins down his wife and has intercourse, she can take him to court and he can go to jail for many years. It is the same as raping a stranger off the street. This is because in the West they base their laws on oxymorons. One of these oxymorons is Marital Rape.

According to Shariah law, rape happens if you pin down a woman who is not lawful for you daughter, aunt, sister etc. But with your wife, the matter is more complicated.

The Muslim Judge [Qadi] will examine the case properly before passing a judgement. If the wife was menstruating, the Qadi will press charges against him and he has to pay compensation.

If the wife was bleeding after childbirth, the Qadi will press charges against him and make him pay 4 1/4 grams of gold for both offenses of forcing himself on his wife during menses or bleeding after childbirth.

If he pins the wife down and has anal sex, the Qadi will press charges against him and he will be punished with Ta’zeer. He will not be killed for this because it is not the same as having anal sex with a man. The Ta’zeer can be any amount of lashes beneath 100 lashes.

If he pins the wife down in Ramadan before Maghrib, the Qadi will press charges against him. Therefore, he will be made to free a slave, fast two months or feed 60 poor people.

If he pins down his wife for intercourse knowing he has an infection, the Qadi will press charges against him. The charge is called unreasonable and reckless behavior. The Qadi will annul the marriage if his disease is not curable. To have intercourse with ones wife knowing that he has a disease is biological warfare that he declare on his wife.

If he pins down his wife in front of another wife, the Qadi will press charges against him. This charge is called immoral and unislamic behavior.

If none of these six above conditions can be applied, then the expression “marital rape” becomes an oxymoron according to shari'ah law because married women can be pinned down by their husband if it is done playfully and not violently. It makes them feel loved and wanted. It is a compliment for the wife and flattering for her because if he wasn't attracted to her, he wouldn't have pinned her down in the first place.

I give you the Islamic law for this matter because some women in dar ul harb took their Muslim husband to court with the accusation of marital rape.

Sheikh Ibn al-`Uthaymin, said:
It is obligatory upon the wife to respond to her husband if he calls her to his bed. However, if she is psychologically ill and is not able to actively respond to his call or if she has a physical illness, then in such cases it is not allowed for the husband to call upon her. This is because the Prophet (peace and blessings be upon him) said, "There is to be no harm done or reciprocation of harm." He should either refrain or enjoy her company in such a way that does not harm her. So, this indicates that there shouldn’t be anything called marital rape in the Islamic marriage, i.e. marriage governed by the rules and teachings of Allah Almighty and the beautiful example set by the noble Prophet, Muhammad, peace and blessings be upon him. Sexual relationship between husbands and wives should be based on mutual love and respect.

[Fatāwá Al-marʼah]