
Who Owns the Body؟
This study is one of the very few studies that independently explores the issue of a husband coercing his wife into copulation, or what is known in modern literature as marital rape.
Wate’ (Arabic for copulation) means stepping on or setting feet on the floor. In terms of Islamic jurisprudence, wate’ means coitus but the word itself entails the assumption that it usually involves the man getting on top of the woman.
Although spouses’ enjoyment of each other is one of the main objectives (maqasid) of marriage, men sometimes humiliate women on purpose, belittle them or push them to leave marriage by khulʻ divorce ,by forcing her into sex; which would constitute a crime of rape (having sex with a woman without her consent) if it was done by a man to a woman who is not his wife, or a crime of sexual assault (hatk ʻard) (i.e. an act the purpose of which is to breach the modesty of the victim against her consent. It may be committed to any woman including the wife.)
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