Quote:Probably. Why?
I am trying to figure out how Muhammed could have outlawed the practices without ever specifically referring to them, especially given that Muslims came away thinking it was their right to have sex with them, and the woman's duty. It's not as if the issue would have never arisen, given the rampant rape and pillage towards the end of Muhammed's career.
Quote:A similar situation would be you claiming that alcohol is permitted at (say) weddings - because while alcohol is stated as forbidden in a general sense, it doesn't actually say its forbidden at weddings.
No, that is not similar, because it is never stated that rape is forbidden in a general sense. Islam does not even seem to consider it rape when sex is permitted. The one verse you claim is a general prohibition on rape does not even use the term rape. A similar scenario would be a man being punished for turning up to the mosque drunk, and you insisting that this is a universal ban on alcohol, despite Muhammed insisting that it is a man's right to drink alcohol and a woman's duty to serve it to him.
Quote: everything about the hadith (the account of a non-descript woman being taken by force by a non-descript man) indicates that it is a universal outlawing of rape.
It is a universal outlawing of rape in contexts where Islam acknowledges rape.
Quote:And as I said, it is not me who has "leaped to the conclusion" that this applies to rape - it is the orthodox islamic jurists who have concluded that rape falls under the category of unlawful violence (hirabah)
Very sneaky of you Gandalf. Do those orthodox jurists consider the rape of your own wives or slaves to be a crime?
Quote:Responding to the argument that the crime did not constitute hiraba because no money was taken and no weapons used, Ibn 'Arabi replied indignantly that "hirabah with the private parts" is much worse than hiraba involving the taking of money, and that anyone would rather be subjected to the latter than the former.
That's great - Muslims consider rape to be theft. Can you explain how this works with a slave you already own and have a right to have sex with?
Quote:Malik related to me from Ibn Shihab that Abd al-Malik ibn Marwan gave a judgment that the rapist had to pay the raped woman her bride-price. Yahya said that he heard Malik say, "What is done in our community about the man who rapes a woman, virgin or non-virgin, if she is free, is that he must pay the bride-price of the like of her. If she is a slave, he must pay what he has diminished of her worth. The hadd-punishment in such cases is applied to the rapist, and there is no punishment applied to the raped woman. If the rapist is a slave, that is against his master unless he wishes to surrender him." (Book #36, Hadith #36.16.14)
So the punishment for rape is a fine, and depends on what the woman is worth? Again, how does this contradict my position?