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(Book 41, Hadith 15) #36597
Punishment for Forced Intercourse

SUMMARY: Umar ibn al-Khattab punished a slave for forcing himself on a slave-girl, but did not punish the girl.

Malik related to me from Nafi that a slave was in charge of the slaves in the Khumus and he forced a slave-girl among those slaves against her will and had intercourse with her. Umar ibn al-Khattab had him flogged and banished him, and he did not flog the slave-girl because the slave had forced her.
حَدَّثَنِي مَالِكٌ، عَنْ نَافِعٍ، أَنَّ عَبْدًا، كَانَ يَقُومُ عَلَى رَقِيقِ الْخُمُسِ وَأَنَّهُ اسْتَكْرَهَ جَارِيَةً مِنْ ذَلِكَ الرَّقِيقِ فَوَقَعَ بِهَا فَجَلَدَهُ عُمَرُ بْنُ الْخَطَّابِ وَنَفَاهُ وَلَمْ يَجْلِدِ الْوَلِيدَةَ لأَنَّهُ اسْتَكْرَهَهَا

TOPICS
punishment  *  intercourse  *  slavery

QUICK LESSONS:
Protect vulnerable people from abuse and exploitation; Serve justice fairly regardless of gender or social status; Respect all people regardless their social status; Treat others how you would like to be treated yourself .

EXPLANATIONS:
This hadith is about the punishment of forced intercourse. Umar ibn al Khattab was in charge of slaves and one of them forced himself on a slave girl against her will. Umar ibn al Khattab punished the man by flogging him and banishing him from his position as overseer of slaves. He did not punish the woman because she was forced against her will. This hadith teaches us that it is important to protect those who are vulnerable and powerless in society, such as women or slaves, from being taken advantage of or abused by those with more power than them. It also teaches us that justice should be served fairly regardless of gender or social status; even though the woman was powerless in this situation she still deserved justice and protection which Umar ibn al Khattab provided her with by punishing her abuser instead of punishing her for something she didn't do wrong.

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