Walaal, you blatantly bullshitted about my posts. Where did I go that sexual abuse in the semantic sense cannot happen in marriage? Did I not previously use the semantic meaning of 'rape' to describe a husband forcing himself upon his wife? If you are going to accuse me of shit which ain't true, back it up or own up to your slander.Through harm and many scholars talk about men not harming women. If the encounter causes harm and issues for the wife then it is indeed abuse and she can pettion to the courts the same way she could with DV. In most cases of sexual abuse there is an element of DV any way which makes it even easier to prove.
Of course it is. Zina is outside of marriage and one is within marriage.
I’ll send you a really good article that tacklers it.
Rape comes under sexual abuse, any accusation of sexual abuse will have to meet the legal requirements in Sharia Law hence my argument that it is not necessarily legally enforceable on a husband. As a matter of fact, I made the argument that she can seek redress in the Courts for spousal abuse but not necessarily for sexual abuse in the form of rape etc. because there is no scope for it in the Sharia.
What you are choosing to ignore in this debate is that the conscience of the average unknowledgeable Westernised or Semi-Westernised Muslim woman raised in the West does not allow them to accept that Sharia Law does not punish husbands for raping their wife under the Zina rules hence the cognitive dissonance, or rejection of Sharia in extreme cases where they feel completely turned off by the whole legal apparatus. For example, do you think they will find it palatable that a husband will just have to financially compensate their wife for raping her because the Zina punishment is not applicable to them if it falls under a form of domestic abuse involving the use of violence?
I will ask you again, what is the legal ruling regarding 'sexual assaults' in marriage as you put it? What are the legal precedents during inherited from the classical scholars? What is the burden of proof?
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