I never argued that there are no punishments, I clearly stated that she can seek redress in court for spousal abuse but it will not come under the classification of sexual abuse in the traditional sense of the word in a Sharia Court of Law. The evidence you posted supports my stance!
If you never stated there is no punishment, why are you arguing. Why say sexual abuse doesn’t exist in Islam? Classical Scholars literally mention harming wife via intercourse which is literally what sexual abuse is.
You are again putting words in my mouth, I was clear that she can seek redress in the courts but not for rape in the traditional Sharia sense of the word but under the spousal abuse category.
I literally said she can redress the courts for sexual abuse. Sexual abuse is literally abuse using sex. That is the facts. Forcing yourself is sexual abuse. Why is that a difficult point for you to understand?
However you want to dress it up, for many Westernised women lacking in knowledge of classical Islam the fact that it will not be considered rape in a Sharia Court is the issue at hand. They have an issue with Islamic Law as practiced by the classical scholars hence why they are up in arms about the absence of 'marital rape' in Islamic Law.
If that was the case I wouldn’t have explained the Sharia point that Islam sees the r-word and forced sex within a marriage very differently. I’ve explained that yet you’re lying and telling me I’m dressing it up. It is you who wants to suggest that Islam doesn’t recognize harm via sex and the actual definition of that is drumroll……sexual abuse.
You’re the one who keeps on denying sexual abuse and you’ve said it multiple times. Islam is against any form of abuse. Why is it difficult for you to understand?
In DV cases involving the use of unreasonable force, I have not asserted that financial compensation is the sole punishment meted out but it is one of the traditional modes of redress along with divorce in classical Islam. It is down to the Qadi to determine the nature of the offence and the proportionate ruling. From your own Abuabuaminaelias source, a woman who is subjected to aggression in marriage during the time of the Prophet SAWS was granted divorce because of spousal abuse.
Yes and did I not say that a woman can go to the Islamic courts and sue her husband if he sexually abuses her? So what is your point exactly? If you believe that a woman in Islam can get justice for her husband abusing her sexually within the Islamic courts, then why are you arguing with me? If you do, what is your point?
Is this the legal precedent that the website you have quoted is using to determine what sort of justice can be served to a woman who complains of marital rape in Islamic Law?
Yes, Islamic courts which I mentioned time and time again, under the harm principle. How is that hard to understand?!
It is ironic how your own source demonstrates that there is no legal precedent for marital rape as it was never an issue in the past hence why there is no Sharia ruling specifically addressing marital rape or sexual abuse. Hence, why it falls under spousal abuse, the point I previously raised.
There clearly is legal precedent as a woman can go to the courts due to the principle of causing harm. How is that a difficult concept for you to understand. The sharia doesn’t have specific ruling for let’s say emotional abuse, but harming people via your tongue is a sin, so does that mean that a woman can’t sue for emotional abuse? What exactly are you arguing about? Also, If you read the text properly, the text states:
The classical scholars determined that a man does not have the right to have sexual relations with his wife if he harms her, as this is a violation of her rights and the Islamic values of mercy and honorable behavior. If he does not fulfill her rights, then she does not need to fulfill his rights.
Classical scholars have indeed talked about sexual abuse within marriage sighting the harm principle and women being harmed via sex which again the literal definition of sexual abuse. So again, what is your point?
Where have I refused anything that has a sound base in the Deen? You are always making accusations which are slanderous, I ask you again, where in this thread have I refused an Islamic fact?
