Jonathan A. C. Brown

"For much of Islamic history, the unit through which the Sunna was preserved, transmitted, and understood has been the hadīth (Arabic plural, ahādīth ), or a report describing the words, actions, or habits of the Prophet. Unlike the Quran, the hadiths were not quickly and concisely compiled during and immediately after Muhammad’s life. Because hadiths were recorded and transmitted over a period of decades and even centuries, they are not in and of themselves contemporary historical documentation of what Muhammad said and did."

"Shah Wali Allah had been a late addition to his family. His father, Shah 'Abd al-Rahim, had long been one of the most respected in the Mughal real, and his talents and austere piety had won him and then cost him royal favor decades before his most famous son was born. When Shah Wali Allah was five, his father placed him in the school he supervised, and by seven the boy had memorized the Qur'an. He mastered Arabic and Persian letters soon thereafter and was married at fourteen. A childhood spent studying at his father's feet meant that by sixteen he had completed the standard curriculum of law, theology and logic along with arithmetic and geometry. A year later, Shah Wali Allah would recall poignantly, his father and greatest teacher 'Voyaged onward to the above of God's mercy.' The young student's ambition to seek ilm remained strong, and by nineteen he had exhausted the Knowledge of Dehli's scholars. So Shah Wali Allah voyaged across the Indian Ocean to perform his hajj pilgrimage and pursue his studies in the holy cities of Mecca and Medina. In the Prophet's mosque in Medina, at the feet of scholars from across the Muslim world, he studied a book to which he became exceedingly attached and which he viewed as the foundation for understanding the Prophet's Sunna. It was the Muwatta, the 'Well Trodden Path,' of the eight-century scholar of Medina, ."

"No compulsion in religion’ (2:256) was a Qur'anic command revealed in Medina when a child from one of the Muslim families who had been educated in the town's Jewish schools decided to depart with the Jewish tribe being expelled from Medina. His distraught parents were told by God and the Prophet in this verse that they could not compel their son to stay. The verse, however, has been understood over the centuries as a general command that people cannot be forced to convert to Islam."

"As noted earlier, marriage and a male's ownership of a female slave were the two relationships in which sex could licitly occur according to the Shariah. In marriage, the consent of the wife to sex was assumed by virtue of the marriage contract itself. In the case of the slave-concubine, consent was irrelevant because of the master's ownership of the woman in question. As Kecia Ali has noted, there is no evidence for any requirement for consent from slave women in books of Islamic law in the formative centuries of Islam. Books of Islamic law and natural ethics are full of exhortations for husbands to enter in foreplay and stress the wife's right to orgasm. But such books also foreground Hadiths and laws obliging wives to meet their husbands' sexual needs without contest. [...] In the Shariah, consent was crucial if you belonged to a class of individuals whose consent mattered: free women and men who were adults (even male slaves could not be married off against their will according to the Hanbali and Shafiʿi schools, and this extended to slaves with mukataba arrangements in the Hanafi school). Consent did not matter for minors. And it did not matter for female slaves, who could be married off by their master or whose master could have a sexual relationship with them if he wanted (provided the woman was not married or under a contract to buy her own freedom)."

"The Shariah offered protection to both wives and slave-concubines, but it came not under the rubric of consent but that of harm. By definition, the crime of rape (i.e., forced zina) could not occur within a licit relationship. But transgressive harm could still be done by the man. Wives and concubines could complain to local judges if they were being abused or if his demands for sex were excessive (we will discuss the issue of concubinage and consent in the concluding chapter of this book). The Hanbali scholar Buhūtī (d. 1641) even says that if a master forced a slave woman unable to bear intercourse to have sex and injured her, she would be freed as a result... "According to the Quran, both marriage and ownership (in the case of the female slave and her male master) were relationships in which sex was licit (Quran 23:5-6). Within these relationships, consent for sexual relations was assumed or irrelevant. In marriage the relationship itself entailed ongoing consent for sex, and with a female slave it was not needed (assuming the slave girl was soley owned by one man and not married; in both cases she was off limits). Kecia Ali has observed that there is no evidence for any requirement for consent for sex from slave women in books of Islamic law from the eighth to the tenth centuries""

"Here the Shariah historically worked differently from modern laws on marital rape, which originated in the 1970s. But the effect is similar: protection. Within marriage, wrongs regarding sex were not conceived of as violations of consent. They were conceived of as harm inflicted on the wife. And in Islamic history wives could and did go to courts to complain and get judges to order husbands to desist and pay damages. So yes, non-consensual sex is wrong and forbidden in Islam. But the operating element to punish marital rape fell under the concept of harm, not non-consent"