Saturday, March 28, 2020

dontconvert2islam examines Quran; Islam allows sex with married women?

In answer to the video "Why i left Islam"

4:23-24 expands on the categories of women that are illegal for intimate relations however it makes an exception for already married Ma Malakat aymanikum. In case a married woman embraces Islam and then decides to desert her non-Muslim husband (only for the sake of her new faith) seeking shelter in a Muslim area. If after examination she is believed to be sincere in her faith then she cannot be turned back to her previous home, not only for safety reasons but also because -in the case her husband is an idolator- her new faith has made unlawful intermarriages with idolaters 2:221. 

A Muslim man may take her under his wing in his household, thus making her his mulk yamin. They become legal for eachother and if they wish to marry, they may only do so after payment of the dower to her initial husband thus definitely annulling the previous marriage ties 60:10. Notice here the justice in the Quran where it first encourages Muslims to pay what is due to the opposite party with whom one is at war, regardless of potentially these enemies not reciprocating with the Muslims in the same situation. 60:11 then discusses that eventuality and says that should it occur, then for the next cases, a disbelieving husband will only be compensated proportionally to what his predecessor unfairly compensated the Muslim camp. By first encouraging indiscriminate justice, and then justice by deterrence, the Quran skilfully equalizes the balance of justice even in times of war.

The other case of a married woman becoming lawful to a Muslim is that of a former married war prisoner. Once the threat of war was over, the defeated enemy and their belongings brought at the battlefield were confiscated, including their women which per their customs they used to unjustly drag with them as a means by which they were emboldened to fight. They now fell under Muslim custody, as a punishment and lesson to those who do not value their own, including a lesson to these very women.
When they were integrated into the fabric of society, taken in a Muslim household and made to benefit from the strict regulations as regards right hand possessions, which includes being kind and caring with them as one would be with the remaining members of the family, these women learned that Islam gave them, even in such conditions, a value they could never have hoped for in their own communities. Their surviving husbands that in fact do not deserve to be married to them in the first place, are only hurt in their male "pride". They didnt love these women, who would treat a wife in such way, bring her to the battlefield as a motivation not to surrender? Even then, they learn that wives, and women in general, do have a value seeing how Muslims treat the wives of their enemies. 

There were also cases of wars where Muslims were on the offensive, and after defeating the enemy, seized the property and families of the combatants. When a Muslim guardian takes into his home such women war captives, making them his right hand possessions, their former marriage is dissolved. After a waiting period until one menstrual cycle is cleared, she becomes sexually lawful to him. This in no way entails forced sex. There are no such recorded cases in history and if anything, whenever a case of mistreated and abused person was brought to the prophet, he condemned such a behavior, especially when the victims were women and slaves. The guardian may in that case either keep her in his household and stop insisting or send her away from his household by ransoming her against benefits of any kinds to her former camp, if anyone among her own people desires taking her back. For example upon the conquest of Khaybar, Safiyya fell under the prophet's possession. He offered her to return to her own people, or be freed and married to him and she chose the latter. 

The social contract between a guardian and his right hand possession is exclusive to them both, legalizing and regulating sexual activity as would be in a marriage contract and its accompanying responsibilities of maintenance and good treatment.

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