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I read this article: Is consent necessary for sexual relations with a concubine?

It says that legally it is not. Just for some clarification... given that the female slave had no ability to consent and agree, as she was a slave, then what about if she was aware that intimacy would cause physical harm to her if she were to continue to engage?

Why is this allowed? Does this make assault (rape) legally and islamically permissible in some cases or is assault not allowed in any case?

Edit for clarification: To clarify, if consent is not required legally, then would that make sexual assault legal? Since it would imply that intimacy can occur even if they object to it, e.g. if she refuses due to fear of physical harm

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    The first answer on the linked question is already quite clear and detailed in this regard. What are you having trouble understanding?
    – goldPseudo
    Dec 3, 2023 at 9:36
  • Thanks. To clarify, if consent is not required legally, then would that make sexual assault legal? Since it would imply that intimacy can occur even if they object to it, e.g. if she refuses as she will be get hurt from it.
    – user56846
    Dec 3, 2023 at 9:51

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Indeed, Allah commands justice, grace, as well as generosity to close relatives. He forbids indecency, wickedness, and aggression. He instructs you so perhaps you will be mindful. Quran 16:90

Say, “My Lord has only forbidden open and secret indecencies, sinfulness, unjust aggression, associating ˹others˺ with Allah ˹in worship˺—a practice He has never authorized—and attributing to Allah what you do not know.” Quran 7:33

There are similar verses in Quran that denounce aggression in general, it is even more sinful when it is applied to weaker sections like women. So there is no question of sexual assault being legal.

Rape is when one person is using force to a person who want to guard her modesty/private parts. So in addition to being aggressive, the person is also violating a person's right to guard her modesty.

Act kindly towards woman, for woman is created from a rib, and the most crooked part of the rib is its top. If you attempt to straighten it, you will break it, and if you leave it, its crookedness will remain there. So act kindly towards women. https://sunnah.com/muslim:1468a

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