13672 - عَبْدُ الرَّزَّاقِ قَالَ: أَخْبَرَنَا ابْنُ جُرَيْجٍ، عَنْ عَطَاءٍ، عَنْ عَلِيٍّ، أَنَّ رَجُلًا كَانَتْ عِنْدَهُ يَتِيمَةٌ فَغَارَتِ امْرَأَتُهُ عَلَيْهَا فَدَعَتْ نِسْوَةً، فَأَمْسَكْنَهَا، فَافْتَضَّتْهَا بِإِصْبَعِهَا، وَقَالَتْ لِزَوْجِهَا: زَنَتْ، فَحَلَفَ لَيَرْفَعَنَّ شَأْنَهَا فَقَالَتِ الْجَارِيَةُ: كَذَبَتْ، فَأخْبَرَتْهُ الْخَبَرَ، فَرُفِعَ شَأْنُهَا إِلَى عَلِيٍّ، فَقَالَ لِلْحَسَنِ: قُلِ: فِيهَا. فَقَالَ: بَلْ أَنْتَ يَا أَمِيرَ الْمُؤْمِنِينَ. قَالَ: لَتَقُولَنَّ. قَالَ: تُجْلَدُ أوَّلَ ذَلِكَ بِمَا اقْتَرَفَ عَلَيْهَا، وَعَلَى النِّسْوَةِ مِثْلُ صَدَاقِ إِحْدَى نِسَائِهَا، سِوَى الْعَقْلِ بَيْنَهُنَّ، فَقَالَ عَلِيٌّ: «لَوْ عَلِمَتِ الْإِبِلُ طَحِينًا لَطَحَنَتْ». قَالَ: وَمَا طَحَنَتِ الْإِبِلُ حِينَئِذٍ فَقَضَى بِذَلِكَ عَلِيٌّ
There was a man who owned a slave girl. His wife who was jealous over her summoned some women to hold her down while she deflowered [the slavegirl] with her finger. Then she said to her husband “[Your slave girl] has committed zinah”. The man swore to take the case to court. Then the slave girl said to him “[your wife is] lying” and she informed him of what happened.
The case was brought before the caliph of the believers [the companion of the prophet Muhammad] `Ali ibn Abi Talib (r.a) who said to (his elder son) al-Hasan “Speak in this matter”! [Hasan] responded (out of respect) “ Rather you (should pass the verdict) oh leader of the believers! “ `Ali [insisted] “ You will speak”. Thereupon Hasan (r.a) said: “The first of them will be flogged for her attack on the slavegirl. Then both the wife and the women (who assisted her will be assessed with) an amount equivalent to the dower (sadaaq) of one of them (i.e. high amount of a free woman) to be collected as blood money (so as to be paid to the slave girl whose collection responsibility will be) divided evenly among them (i.e. wife + her assistants)…”
[Ref: Musannad `Abdur-Razzaq 7/411 (H: 13672) shamela]
Even scholars thereafter have issued similar verdicts regarding the slavewoman who was raped or her virginity stolen like this should recieve a huge dower . Such as Imam Zuhri, `Abdul-Malik ibn Marwan and others as recorded in the same Musannaf `Abdur razzaq, in Kitaab at-talaaq [chapter of divorce]
`Abdur-razzaq narrated from his teacher Ma`mar who from az-zuhri :
If a slavewoman deflowers another slavewoman with her finger (either voluntarily or on the commands of her master) she is fined in the amount of her dower similar to the dower of a woman of her status and this is also how `Abdul-Malik ibn Marwan judged.
So much so that the very prophet may peace and blessings be upon him once recieved a case where a husband coerced the slavewoman (who was not under his authority byt instead belonged to be) of his wife, into sex. So the prophet ruled that since he coerced/raped her (i.e. his wife's slave) therefore this will automatically set her free and he should also compensate his wife for the loss of a slavewoman
[Ref: Abu Dawood Kitab al-Hudood 4460]
1) Bride money aka dowry is a practise to this date. One should not confuse this with a small negligible amount. Often the amount is as big as buying a Mercedes Benz today. This was how the world back then worked mostly, see wedding rituals and guarantee offerings in ancient rome and egypt: http://www.womenintheancientworld.com/dowry%20and%20bride%20price.htm
2) I have never heard of any civilization where the free woman, the Madam and owner of the palace/house been flogged and punished so severely on account of mistreating or harming her slave. Movies, dramas, animes, cartoons and more have been made time and again to show how despicably animal like were slaves treated in Rome, egypt and even pre-Islamic arabia. But when Prophet Muhammad came, rules of justice and honour were implemented even upon slaves.
3) The very fact that Muslims or even non muslim jizyah paying residents had the right to go straight to the Messenger of Allah himself or the caliph of the world's biggest or second biggest and powerful dominion speaks a lot about itself and its excellent islamic administrative system. `Ali r.a himself took the time to address such issues coming from normal citizens so as to ensure the law of Allah i.e. justice is served. This is shar`iah and this is how the companions of our prophet enacted them.
Also see:
Link:http://whytheshariah.blogspot.com/2015/04/how-islam-treated-rapist-who-failed-in.html
Also see:
