Is forced intercourse with a concubine not regarded as rape?

The Details of the Question

- I said that forcing a slave girl into a non-marital relationship is rape and dishonorable. You, in one of your fatwas, state that there is a stronger contract between a slave girl and her master than a marriage contract, and that this situation makes it permissible and rightful for them to live together as husband and wife. However, even if there is a strong religious contract between them, forcing a slave girl into sexual intercourse without her consent is still dishonorable. It is rape. No woman would consent to such a thing. It is also a crime according to our laws. As a man, I would never do such a thing to a woman.

The Answer

Dear Brother / Sister,

The decree regarding forced sexual intercourse is not exclusive to concubines; the same decree applies when a man forces himself on his free wife against her will.

So, what is the decree?

Forcing a woman into sexual intercourse against her will is abuse and a form of torture. Islam does not permit abuse or torture of slave women or free women. Both parties should act with patience, understanding, and mercy.

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