Are you interested in knowing the legal stance on marital rape in Islam? Does the Qur’an allow a man to force his wife to sleep with him? So many people are still confused about these matters and require clarification. The reality is that Far more than what people think, marital rape is blatantly condoned in Islam. Let us look at the fatwas issued by notables scholars like Ibn Taymiyyah and Ibn Qayyim al-Jawziyyah…
The Islamic scholars describe marital rape as when the husband requests sexual relations with his wife during her menstrual period, in an abnormal sexual position, or during fasting in Ramadan. Similarly, God gave the woman the right to refrain from her husband, saying,
“And they ask you about menstruation, “It is harmful, so keep away from wives during menstruation. And do not approach them until they are pure.” 2:222
If a man forces himself on his wife, he sinned and has committed marital rape. She is not responsible for having a sexual relationship with him. Suppose the woman forced to have a sexual relationship with her husband has a contagious disease. In that case, he can’t force her to have sex.
The husband abuses his wife by physically hurting her during sexual intercourse. It is called marital rape, and she has the right to refuse any sexual intercourse with him.
In the Quran, Allah says, “Your wives are seed sowers for you, so visit your cultivation homes however you like and become acquainted.”. “Fear Allah and know that you will meet Him one day. Give good tidings to the believers.”
Amicable conduct between spouses brings joy, support, and understanding between man and wife. It is this conduct that strengthens their relationship as well as their love towards each other. The prophet Mohammad (PBUH) said:
“The most beautiful thing with which a man is created is the marital relationship with his wife. In it lie secrets of divine grace and virtue.
Prophet Muhammad (PBUH) said,
“Three things fall under unkindness; one of them is when the man engages in sexual act with his wife without sending a messenger: humor and kisses.” He did not want his companions to behave like animals towards their wives.
The Shari’ah advises women not to be hasty in leaving their husbands because divorce can destroy the family and lead to other problems. God says in the Quran, “For if you dislike them – perhaps you dislike a thing, and Allah makes therein much good.” 4:19
However, if the wife cannot bear to live with her husband anymore and there is discord between them, she should seek separation from him to avoid hatred, fighting, and conflict, which leads to significant harm. In this case, seeking divorce would be committing the lesser of two penalties.
The definition of Qawamah is given by God in the Quran when he says,
This means that man is to take care of his wife while a woman is to stay home and provide for her husband as God orders. If a woman is ill and needs medical attention, she must be taken to the hospital by her husband, father, or brother. This is based on the Quran’s ruling in 4:34, which states that men are in charge of women and must provide for their wives.
In other words, it puts the responsibility and burden of caring for his wife solely on the shoulders of a Muslim man. As you can see, Islam clearly states whom you should consult if there is an illness in your family: the husband, father, or brother.
In Islam, the wife is not equal to the husband. In Islam, there is equity but not equality. The Q ran, “And their Lord responded to them, “
Never will I allow to be lost the work of [any] worker among you, male or female; you are of one another….” (3: 195. It al o said, “Whoever does righteousness, whether male or female, while he is a believer – We will surely cause him to live a good life, and We will surely give them their reward [in the Hereafter] according to the best of what they used to do.” (16: 97)
Instead, women are equal to men in humanness and in the rights they are entitled to as people created by God. Men and women are similar in that they share the same amount of humanity and its qualities (physical, mental, spiritual, etc.
They are also equal in their responsibilities towards themselves and their families. They must earn a respectable living based on their skills and talents, support their families financially and morally, care for them health-wise, educate them properly, etc.
The position of women in Islam is not one of weakness or deficiency. It is precisely the opposite. The Quran says that men and women are equal before God (5:23. However, this does not mean that they are identical or have similar societal roles.
The Quran gives numerous examples of men and women working together to achieve a common goal. Men and women cooperate in decision-making at home and work. They work together to build healthy families and societies.
The call for absolute equality in terms of expenditure, leadership, and the cancellation of the wife’s obedience to her husband is a matter which leads to societal chaos and a disruption in the natural roles of both genders.