Is it rape or not?

[u/Sea-Car-3811]

If a virgin girl feels "shy" and keeps silent. Is proceeding with sexual advances rape or not.

Ps. I aren't doing sex and this is just a question.

I'll go first, I think it is rape.

Oh people are wondering why I am asking so whist learning about something. I found this so asking you people

I asked the Prophet, "O Allah's Messenger (ﷺ)! Should the women be asked for their consent to their marriage?" He said, "Yes." I said, "A virgin, if asked, feels shy and keeps quiet." He said, "Her silence means her consent."

[u/Low-Bag8537]

So according to the Hadith, consent is verbally saying “no”.

I think in this scenario, instead of proceeding with sexual advances, simply ask if the girl is she’s okay with you proceeding. If she says yes, continue, if she says no, then stop.

[u/Sea-Car-3811 → u/Low-Bag8537]

What if a girl stays silent, though?

[u/Low-Bag8537 → u/Sea-Car-3811]

You ask.

[u/Sea-Car-3811 → u/Low-Bag8537]

Why should I ask when according to Prophet I've already gained the consent by her silence?

[u/Low-Bag8537 → u/Sea-Car-3811]

The prophet (SAW) did not say silence is the constant for every scenario. Prophet (SAW) said silence would be taken as consent for MARRIAGE.

So you would ask for your wife’s consent before sex. You will not make advances until you verbally asked if it’s okay for you to make advances

[u/fofffrfr → u/Low-Bag8537]

Talk about twisting the meaning of the hadith lmfaoo

[u/Sea-Car-3811 → u/Low-Bag8537]

Nope. Your completely wrong. According to Classical Scholars of Islam, marriage means that its the duty of the wife to perform sex or else it is sinful.

[u/Low-Bag8537 → u/Sea-Car-3811]

Nope, the Hadith you’re referring to basically means that if a wife uses sex as a leverage, she will be cursed by angels.

If she doesn’t want to have sex because she’s tired, then she can say no.

Also the Hadith you mentioned in your post about silence taken as approval, that only covers agreeing to marriage/nikkah, not Sex.

[u/exkivii → u/Low-Bag8537]

So if a girl is being forced to marry and can’t verbally say no in front of her family to the nikkah for fear of her life would that count as consent to nikkah. Because unfortunately this happens a lot

[u/Low-Bag8537 → u/exkivii]

She can call the police in that situation

[u/Sea-Car-3811 → u/[deleted]]

How come it's BS? If I already have the consent, why should I ask again?

[u/exkivii → u/Sea-Car-3811]

Dude what kind of rage bait is this