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Marital rape consists of raping your spouse, i.e. having intercourse with your spouse despite a lack of consent. In modern law, marital rape is on par with extramarital rape in terms of legal consequences: the rapist will be punished, whether the victim was his spouse or not.

This is not clear to me in sharia if the husband rapes the wife. One of her major duties according to the marital contract is sexual availability, and refusing to oblige is not only considered a major sin, it has the legal implication of losing her right to maintenance by her husband (the linked answer talks about leaving the house without permission, but on a fortiori grounds, this also holds about her refusing intercourse; this result is also explicitly mentioned in the section of which excerpts are cited in the linked answer).

I can't find a definition of rape in fiqh sources, and the only mention of a punishment for rape in Reliance of the Traveler I can find is in o7.3 in the context of how far self-defense can go (not in the context of legal punishments):

As for when an aggressor is raping someone whom it is unlawful for him to have sexual intercourse with, it is permissible to kill him forthwith.

Clearly this says nothing about marital rape since it is lawful for the husband to have sex with his wife. The Hidayah only mentions marital rape in a footnote to a paragraph about maintenance of the wife; it says nothing about any consequences for the husband. This answer to a related question also says nothing about a legal punishment for the husband, or even any negative legal effects like owing her money.

Thus my questions:

  • Which definitions of rape exist in fiqh? In particular, what is the relevance of consent?
  • Are there any criminal law consequences for a husband raping his wife that don't also exist for a husband causing bodily harm to his wife? (To explain the difference: is a husband who rapes his wife by beating her with an iron rod punished differently from a husband who beats his wife with an iron rod without also raping her?)
  • @Armaan I even linked to that question and explained why it doesn't address what I'm asking. – G. Bach Mar 31 '17 at 16:04
  • Use of force, brutality and aggression is against the spirit of Islam, which instead enjoins kindness, compromise and foreplay before sex. In case of injury Qisas will be mandated, and in the case of conflict arbitration and divorce or khul. However, the act of Intercourse itself is never unlawful between a Husband and Wife and there isn't any punishment for that. – UmH Mar 31 '17 at 17:13
  • @Uma Does that mean marital rape has no legal repercussions in Islam? That's how I understand your comment. – G. Bach Mar 31 '17 at 17:19
  • @G.Bach Maybe this will help islamqa.org/hanafi/daruliftaa/7638 – Dinar Mar 31 '17 at 17:21
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    @G.Bach I've given you a link where there are many proofs backing up what I've said. Nonetheless, when Uma was referring to forced insertion, he was of-course referring to rape which in its very nature is certainly not passionate. There is an absolutely huge difference between sexual fantasy and rape. – Dinar Mar 31 '17 at 17:56
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In Sharia'a there is no such thing as the Marital-rape, for it is the duty of the wife to satisfy the sexual needs of the husband unless constrained by some genuine reasons.

All the western terminologies used in the above question or the answers tantamount to innovation as for as the sharia'a is concerned.

Western laws and sharia'a have their own applications in their own realm and proximity. For those who need more on the topic, there are several ahadith available to shed light on the topic. May Allah guide us all on the right path.

  • Please add references because otherwise it's just the opinion of a random person on the internet. See: How do I write a good answer to a question?. – Rebecca J. Stones Apr 3 '17 at 19:23
  • "In Sharia'a there is no such thing as the Marital-rape, for it is the duty of the wife to satisfy the sexual needs of the husband unless constrained by some genuine reasons." Do you mean that it is the right of the husband under sharia to force his wife into sexual submission if she doesn't oblige consensually? – G. Bach Apr 3 '17 at 20:03

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