Kowani wrote:El-Amin Caliphate wrote:No it's not. The slave can decline sex. The master can't force sex
Wow, look at all that reading comprehension-oh, wait, no.
Kowani wrote:Oh, no, we’re not doing this again.
So you're not gonna show me?
El-Amin Caliphate wrote:Concubinage in Al-Islam. Just something I found in discord, a really great article to read about how to have Halaal sex with one's slave.
The 5th paragraph of this article says:
"That said, consent as a moral consideration is not an irrelevant discussion. Early jurists did, in fact, prohibit a man on moral grounds from coercing his wife or concubine into sexual relations, as one of the purposes of lawful sexual relations is mutual pleasure."
A scholar sourced confirms this:
"Al-Shafi’i, may Allah have mercy on him, said:
وَهَكَذَا لَوْ كَانَتْ مُنْفَرِدَةً بِهِ أَوْ مَعَ أَمَةٍ لَهُ يَطَؤُهَا أُمِرَ بِتَقْوَى اللَّهِ تَعَالَى وَأَنْ لَا يَضْرِبَهَا فِي الْجِمَاعِ … فَأَمَّا الْجِمَاعُ فَمَوْضِعُ تَلَذُّذٍ وَلَا يُجْبَرُ أَحَدٌ عَلَيْهِ
Likewise, if a wife is by herself with him or a servant girl of his with whom he has sexual relations, he is commanded to fear Allah Almighty and to not strike her during intercourse… As for sexual intercourse, its purpose is pleasure and no one may be forced into it.
Source: al-Umm 5/203"
Here:
"It is unlawful for a Muslim man to harm his wife or his concubine, either physically or emotionally, particularly during sexual intercourse. Whoever harms another person, except in order to repel or prevent a greater harm, Allah will inflict him with harm equivalent to his sin on the Day of Judgment. Naturally, one should treat others as he or she would like to be treated in the Hereafter."
Here:
"As such, acts of sexual violence and assault, or ‘rape,’ are unlawful in Islam as these are obviously harmful and unnecessary acts. This legal mechanism, and not consent in itself, was the route through which sex crimes, committed in otherwise lawful sexual relationships like marriage, were forbidden by Islam.
Al-Nawawi writes:
فان كان يمكن جماعها من غير ضرر بها كان له ذلك وان كان لا يمكن جماعها الا بالاضرار بها لم يجز له جماعها
If it is possible to have intercourse with her without harming her, then he may do that. If it is not possible for him to have intercourse with her except by harming her, then he does not have permission to have intercourse with her.
Source: al-Majmū’ Sharḥ al-Muhadhab 16/409"
Here:
"If a wife refuses sex with her husband without a good reason, and it causes him to spend the night angry with her, she is subject to moral condemnation by the angels but no sanction is given for him to force himself upon her. She is condemned by the angels if her unwarranted refusal causes her husband distress, but not if her refusal is benign. Scholars have noted that even though she is condemned by the angels, this does not give permission for the husband to condemn her.
Ibn Hajar comments on this tradition, saying:
وَأَمَّا حَدِيثُ الْبَابِ فَلَيْسَ فِيهِ إِلَّا أَنَّ الْمَلَائِكَةَ تَفْعَلُ ذَلِكَ وَلَا يَلْزَمُ مِنْهُ جَوَازُهُ عَلَى الْإِطْلَاقِ
As for the tradition on this topic, there is nothing in it but that the angels do that (cursing). It does not necessitate permission for him in any respect.
Source: Fatḥ al-Bārī 4897"
Here:
"If a master abused, harmed, or injured his concubine, he would have violated his right to custodianship, the terms of his social contract. He would be required to set her free as a result and be subject to criminal punishment for his abuse."
Here's the barakah (blessing) in freeing concubines:
"It was further recommended for men to either marry their concubines or to give them in marriage to other suitable men, thereby upgrading her social status and ending his legal relationship with her as a concubine. In this way, concubinage was implicitly discouraged by the inverse recommendation to free and marry them.
Allah said:
وَأَنكِحُوا الْأَيَامَىٰ مِنكُمْ وَالصَّالِحِينَ مِنْ عِبَادِكُمْ وَإِمَائِكُمْ إِن يَكُونُوا فُقَرَاءَ يُغْنِهِمُ اللَّهُ مِن فَضْلِهِ وَاللَّهُ وَاسِعٌ عَلِيمٌ
Marry the unmarried among you and the righteous among your male and female slaves. If they should be poor, Allah will enrich them from His bounty, for Allah is encompassing and knowing.
Surat al-Nur 24:32
Abu Musa reported: The Messenger of Allah, peace and blessings be upon him, said:
إِذَا أَدَّبَ الرَّجُلُ أَمَتَهُ فَأَحْسَنَ تَأْدِيبَهَا وَعَلَّمَهَا فَأَحْسَنَ تَعْلِيمَهَا ثُمَّ أَعْتَقَهَا فَتَزَوَّجَهَا كَانَ لَهُ أَجْرَانِ
If a man teaches his servant girl good manners, educates her in the best manner, then emancipates her and marries her, he will have a double reward.
Source: Ṣaḥīḥ al-Bukhārī 3262, Grade: Muttafaqun Alayhi"
Here:
Ibn al-Athir comments on this tradition, saying:
يُرِيدُ الْإِحْسَانَ إِلَى الرَّقِيقِ وَالتَّخْفِيفَ عَنْهُمْ
He means to treat slaves in the best manner and to lighten their burden.
Source: al-Nihāyah fī Gharīb al-Ḥadīth 4/358
So yeah, idk where you're getting this "Islamic slavery allows raping concubines" from.