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Old 11-29-2011   #47
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Regarding refusing sex: One thing people forget is that sex is an essential human need. And if cheating (in marriage or other non-religious relationship) is not allowed, then the partner who is refusing sex is cutting off that essential need. This is something that is important to remember.

Regarding rape: The definition of rape varies widely. Some see it as beating someone until they agree to have sex, others consider it rape even if the other person has agreed willingly but was not feeling like it.

Regarding rape in marriage (My understanding of the Islamic view) : A marriage contract includes the vow that the partners will satisfy each others sexual need (This applies in both directions). Everyone is bound by the vows they make willingly. If they are forced to marry then the contract is void.

Regarding the law: Let's say that a girl is forced to marry a guy. According to Islam, these people are not married and the girl has no obligation to satisfy the guys needs. But according to the law she is, and he has right to have sex with her. How can a court prove this? If she was forced to marry him (and most likely too scared to say something about it to the authorities) then the law would be defending rape. It would be great if we had some magical way of telling if a marriage is forced or not but we don't. So it's better to amend the law and protect the one rightly refusing sexual relations at the risk of forbidding the one who's rightly entitled to sexual relations, because even if it's not perfect, its the (much) lesser of two evils.
(I don't know the specifications of the law since it's in Arabic so I'm guessing based on the replies I've seen. Correct me if I'm wrong)

Last edited by Adam; 11-29-2011 at 02:54 AM.
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