There are those who argue that since Islam permits Muslim men to have sexual intercourse with their slave girls,
this then means that they also have the right to rape them. This is absurd.
The right to have sex with a woman does not necessarily imply that one has the right to rape her as well.
To say that a Muslim man has the right to rape his slave girl is like saying that a man has the right to rape his wife; which is not true.
Rape in Islam is completely forbidden. See this and this . Imam Maalik said: الأمر عندنا في الرجل يغتصب المرأة بكراً كانت أو ثيبا : أنها إن كانت حرة : فعليه صداق مثلها , نقص من ثمنها ، والعقوبة في ذلك على المغتصب
In our view the man who rapes a woman, regardless of whether she is a virgin or not, if she is a free woman he must pay a “dowry” like that of her peers, and if she is a slave he must pay whatever has been detracted from her value.slave he must pay whatever has been detracted from her value. The punishment is to be carried out on the rapist and there is no punishment for the woman who has been raped, whatever the case.
(Imam Maalik, Al- Muwatta’ , Volume 2 , page 734)
Imam Al Shaafi’i said : وإذا اغتصب الرجل الجارية الجهالة أخذت منه الجارية والعقر
“If a man acquires by force a slave-girl, then has sexual intercourse with her after he acquires her by force , and if he is not excused by ignorance, then the slave-girl will be taken from him, he is required to pay the fine, and he will receive the punishment for illegal sexual intercourse. ”
(Imam Al Shaafi’i, Kitaabul Umm, Volume 3 , page 253)
Notice that both of these top classical scholars have stated that a man is to be punished for raping a slave girl.
Of course this not our ultimate proof that Islam forbids rape,
but this is to show that the early classical scholars surely did not understand Islam to be teaching it.
In an authentic narration from Sunan Al Bayhaqi, Volume 2 , page 363 , Hadith no. 18685 we read the foll
Abu al-Hussain bin al-Fadhl al-Qatan narrated from Abdullah bin Jaffar bin Darestweh from Yaqub bin Sufyan from al-Hassab bin Rabee from Abdullah bin al-Mubarak from Kahmas from Harun bin Al-Asam who said: Umar bin al-Khatab may Allah be pleased with him sent Khalid bin al-Walid in an army, hence Khalid sent Dharar bin al- Auwzwar in a squadron and they invaded a district belonging to the tribe of Bani Asad. They then captured a pretty bride , Dharar liked her hence he asked his companions to grant her to him and they did so. He then had sexual intercourse with her , when he completed his mission he felt guilty, and went to Khalid and told him about what he did. Khalid said: ‘I permit you and made it lawful to you.’ He said: ‘No not until you write a message to Umar’. (Then they sent a message to Umar) and Umar answered that he (Dharar) should be stoned. By the time Umar’s message was delivered, Dharar was dead. (Khalid) said: ‘Allah didn’t want to disgrace Dharar’
Notice that Umar ibn Al Khattab (the second caliph) ordered the man who captured the slave girl and had sex with her to be stoned for this crime, for he took the slave girl unjustly.
Do these critics who raise these arguments know Islam better than Umar ibn al Khattab?
We anticipate what our opponents might say in response. They will say that the scholars whom I just cited and the story of Umar ibn Al Khattab only refer to someone who raped a slave girl who did not belong to him ,
however one may rape the slave girl that is his property. Even though the story in Sunan Al Bayhaqi makes it clear that the man had sex with the girl after possessing her, we will accept this response only for the sake of argument.
It is nonsense to suggest that one could rape the slave girl he possesses because the Prophet (peace be upon him) warned us that we must take good care of those under our authority:
“There is no person to whom Allaah has given people to take care of, and he fails to take care of them properly , but he will not smell the fragrance of Paradise .
” (Saheeh Bukhari no. 6731 ; Saheeh Muslim, no. 142)
‘Umar ibn al-Ahwas (may Allaah be pleased with him) reported that he heard the Messenger of Allaah SAWS ( peace and blessings of Allaah be upon him) say during his Farewell Pilgrimage:
” Verily, you have rights over your women, and your women have rights over you. As for your rights over your women, they are that they should not allow anyone to sit on your beds whom you dislike, or allow anyone into your houses whom you dislike.
Verily, their rights over you are that you should treat them well with regard to their clothing and food.”
(Reported by al-Tirmidhi, 1163 , and Ibn Maajah, 1851).