Court: "Have you, the complainant, previously had sex with your alleged rapist?"
Complainant: "Yes, but ... "
Court: "Right. 100 lashes each. Then come before me again if you have anything more you want done by the court."
YUSUFALI: The woman and the man guilty of adultery or fornication,- flog each of them with a hundred stripes: Let not compassion move you in their case, in a matter prescribed by Allah, if ye believe in Allah and the Last Day: and let a party of the Believers witness their punishment.
PICKTHAL: The adulterer and the adulteress, scourge ye each one of them (with) a hundred stripes. And let not pity for the twain withhold you from obedience to Allah, if ye believe in Allah and the Last Day. And let a party of believers witness their punishment.
SHAKIR: (As for) the fornicatress and the fornicator, flog each of them, (giving) a hundred stripes, and let not pity for them detain you in the matter of obedience to Allah, if you believe in Allah and the last day, and let a party of believers witness their chastisement.
Can a wife to claim to be raped by her husband?
I would suggest the frequency of sex be stipulated in the marriage contract.
How many times a month? I think once a month should be the standard minimum. More often than the agreed number of times could be classified as unreasonable behaviour or possibly rape.
There is the question of whether they expire if unused or can be rolled over. If the husband goes away for a year, can he use all his 12 times up in one week, or will they be treated as expired? Is roll-over permitted? These are questions to be discussed and agreed by the parties to the marriage and their legal advisers.