Wednesday, July 1, 2020

Acts17apologetics accuse Islam; sex with married women?

In answer to the video "The Truth about Ramadan (David Wood)"

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 become 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. 

That these mulk yamin cannot be forced into intimacy by the guardian is exemplified through the story of prophet Yusuf, bought as a slave and whom his mistress wanted to abuse sexually under the threat of emprisonnement. The Quran condemns such action, calls it an indecency/fahisha for the owner of a slave to have intercourse with him/her under compulsion 12:24 a grave fault and a manifest error 12:29-30. Yusuf desired to keep his chastity so he repeatedly refused, being God's sincere servant he was protected and guided away from transgression, even willingly preferring emprisonnement than succombing to the sin 12:24-35 (see Ps105:19). Temptation is something any human being, regardless of his uprightness, might be subject to. Merit lies in whether one acts upon that temptation when in the full capacity to do it, or restrains oneself.

Just as the Quran condemned Yusuf's mistress from acting against her servant's desire to remain chaste, the Quran prohibits the guardian from acting contrary to his mulk yamin's desire for chastity, such as by forcing her into prostitution as was the custom in pre-islamic times. If he nevertheless does so, despite the prohibition, then the abused woman is certainly not to blame due to her weak background 24:33.

In 4:36 the Quran speaks of how they must be treated with kindness, without pride as one would treat the parents, neighbors or the weak in society. This means their guardians cannot abuse them in anyway just as one would not abuse the other groups mentionned in the verse
"He who slaps his slave or beats him, there is no expiation for this but to free him".
As the prophet here clearly instructs, physical abuse is a transgression that must be expiated.

The Quran thus opens many different options to those categories, besides encouraging their kind treatment. In 4:3 Allah is commanding the believers who has orphans under his care towards whom he fears not to fulfill all his responsibility to marry up to 4 women but if he thinks he cannot deal in fairness with multiple wives, to marry
"only one or/aw Ma Malakat Aymanukum",
meaning a legal wife for a man who fears not to deal justly between mutliple wives can be either a regular woman who is protected and supported/muhsana OR Ma Malakat Ayman already in his possession. Therefore marrying malakat ayman according to 4:3, and other passages like 4:25, is as acceptable as marrying a normal woman and further 24:32 strongly encourages men and women to marry from their male/female slaves as an act of virtue.
 

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