So, in essence, Islam forestalls the whole marital rape saga by requiring adults to consent through the marriage contract? And therefore, any woman who might have refused sexual relationships without justification shouldn't get married to begin with?
The marriage contract is a legal consent to abide by all the obligations of marriage. So you're bound by the contract to do what you agreed on. In short you waiver any objections that would've prevented you from abstaining from said obligations. Having said that there are limits, guidelines, exemptions that come into play and this should be considered carefully.
The biggest problem that i see is that people assume that their moral consent is absolute and absolves them from what they consented to legally.
And therefore, any woman who might have refused sexual relationships without justification shouldn't get married to begin with?
Not necessarily as people have their shortcomings and we should be considerate. Even if her reasons are not valid it doesn't mean that she shouldn't have married to begin with. Rather it boils down to how frequent she refuses and the problem that may arise from it. Sometimes it may not cause a big issue and vice versa. It depends on the couple in question more so on the discretion of the husband as it's him who's being denied his right.
People need to aware of what they're getting themselves into when it comes to marriage and it's obligations.
I see why there is confusion in many Somalis seeing marital rape as alien because it is not something expected by culture.
The reason why it's alien to not only somalis but muslims in general is that rape as defined in islam can never take place within a lawful marriage. Rape falls under a category of zina ie forced unlawful sexual relation. Since a married man has the right to have sexual relations with his wife he can't be prosecuted under this law, which is why a different law is needed.
Sexual violence does occur in marriage and there are laws that islam has provided to deal with them correctly. Just because such injustices don't come under rape laws etc doesn't mean that they're not dealt with or that there no laws to combat them.
Dumarka have the right to be protected, cared for and given their rights just like men. So when dumarka are subjected to sexual violence and assault they've the right to seek justice and be given their rights that Allah gave them. We shouldn't belittle, dismiss or make a mockery of their injustices that they receive at the hands of men.
Unfortunately we like to engage in petty gender battles that are of no benefit and only lead to more problems. When has constant bickering and fighting ever solved any issue ? We need each other yet continue to behave in ways that only worsen what was already a fragile relationship. Isn't it about time to step back and reflect on how we can support each other so as to better ourselves and our society
And of His signs is that He created for you from yourselves mates that you may find tranquillity in them; and He placed between you affection and mercy. Indeed in that are signs for a people who give thought." [30:21]
"It is He who created you from one soul and created from it its mate that he might dwell in security with her. And when he covers her, she carries a light burden and continues therein. And when it becomes heavy, they both invoke Allah , their Lord, "If You should give us a good [child], we will surely be among the grateful.'" [7:189]
