- Perak Mufti Tan Sri Harussani Zakaria said that men can always have sexual intercourse with their spouses even if the latter does not agree, saying that a Muslim woman has “no right” to reject her husband’s demand
- “Even the Prophet says even when they’re riding on the back of the camel, when the husband asks her for sex, she must grant his wish.”
- She can only refuse her husband sex if she is menstruating, sick, or has just given birth
- Once she is married, the dowry is paid, she can’t refuse unless when she’s [on her] period
When a mufti goes out and says historically women would have to acquiesce to sex even on the back of camels if their husbands demanded it, I’m wondering if he considers what this translates to in the current world.Would it mean that men riding a motorcycle can tell their wives to take the handles while he pleasures himself?
Perhaps it would also mean women must obey their husbands urges in the car if he gets a stiffy while driving. That could actually explain people suddenly driving slow in the fast lane.Follow up question: What if the husband wants to join the “mile high club”? Would the wife have to allow the husband to take her right there and then in the centre aisle of an AirAsiaX flight bound for Melbourne, for example?Would the police now have to allow married couples to have sex in the back seat of their cars, too, regardless of laws on public decency? – Hafidz Baharom Malaysia Insider
According to the Malay Mail , Perak Mufti Tan Sri Harussani Zakaria said that men can always have sexual intercourse with their spouses even if the latter does not agree, saying that a Muslim woman has “no right” to reject her husband’s demand.
“Even the Prophet says even when they’re riding on the back of the camel, when the husband asks her for sex, she must grant his wish.”
“So there’s no such thing as rape in marriage. This is made by European people, why should we follow?” he told Malay Mail Online when contacted yesterday as he cited the Hadith or reported teachings of Prophet Muhammad.
Harussani claimed that Europe itself did not regard women highly before creating the concept of marital rape after the 18th century when Europeans came into contact with the Muslims and were attempting to improve Islamic laws.
According to Harussani, a woman’s agreement to marry will be sought when her father gives her away to a man in marriage. Subsequently, she can only refuse her husband sex if she is menstruating, sick, or has just given birth, he said.
“Once she is married, the dowry is paid, she can’t refuse unless when she’s [on her] period,” he said, saying that the Quran clearly states that it will be “haram” or forbidden to have a sexual intercourse with a woman who is menstruating.
Independent Muslim preacher Wan Ji Wan Hussin said that rape is defined in Islam as an act between two unmarried individuals.
“That term (marital rape) is not accurate in the practice of Islam because rape in Islam is defined as forced sexual intercourse outside of marriage,” he told Malay Mail Online when contacted yesterday.
While stating that husbands cannot force their wives to have sex, he said the key issue is not about getting consent, but revolves around how men can show love and create a romantic atmosphere to change their spouses’ minds to willingly agree to sexual intercourse.
“That means if the husband does not seek consent, it cannot be considered rape, but that action is considered not polite (beradab) in Islam,” he said, adding that it would not be considered “haram” or sinful, but would be “makruh” or frowned upon by Islam.
Wan Ji Wan Hussin said women have the right to refuse sex when they are either sick, menstruating or old, insisting that men having sex in such cases are considered sinful.
During the fasting month for Muslims, both men and women are not allowed to have sexual intercourse and wives must reject such requests by their husbands, he said.
Women may opt to either turn down their husbands’ requests or cancel their fast during optional and additional fasting days, he said, adding that women can even refuse sexual intercourse if they are in a bad mood or were exhausted from work.
Both Harussani and Wan Ji Wan Hussin said that using violence to force a wife to have sexual intercourse would be clearly criminal, with the former saying that the wife can call the police or a religious judge as it would be an offence in both the civil and Shariah legal systems.
Wan Ji Wan Hussin said the use of actual violence would fall under the “Qisas” system of Islamic offences that would allow retributive punishments, explaining that the threat to harm a wife would not be an offence but would be considered a sin as it could affect her emotions.
In Malaysia, marital rape is not a legal offence, but a husband may be prosecuted and imprisoned up to five years for forcing his wife to have sex by threatening violence or by harming her.
Society dictates that sexual intercourse is only acceptable when two individuals consent it.
It is a beautiful and pleasurable gift bestowed to us by nature and by God himself. Such a thing can’t be enjoyable if one of the individuals doesn’t consent to it. The idea behind sexual intercourse, from the neural aspect, is for two beings to feel pleasure. To force one’s self upon another individual who didn’t consent to a session of sexual intercourse, defeats the idea completely.
In the eyes of society, a person forcing another person to have sexual intercourse is considered rape and is punishable by law depending on the severity of the crime committed.
However, some laws actually state that one can force one’s self onto another person for sexual intercourse without consent, as long as the said individuals are bound by marriage.
In other words, some laws actually permit a husband to rape their wife should sex be denied to them. This law, which is actually practiced in some Islam countries, has been heavily debated over the years.
While insisting that the concept of marital rape does not exist within Islam, religious scholars say that it is sinful for a man to force his wife to have sex when she is ill or menstruating.
Sources : Malay Mail