Concubinage in Islam

Concubinage in Islam

Islam allowed male slave-owners to have sexual relations with their female slaves. This practice was known as concubinage. Early sources indicate that concubinage was practiced throughout Muslim history, and one source of concubines was war. Men were permitted to have as many concubines as they could afford. Some men purchased female slaves, whereas Muslim soldiers in the early Islamic conquests were given female captives as a reward for military participation. As the slaves for pleasure were typically more expensive, they were a privilege for elite men.


QuranEdit

  • And those who preserve their chastity. Save with their wives and those whom their right hands possess, for thus they are not blameworthy;
    • Qur'an 70:29-30
  • Also (forbidden are) women already married, except those whom your right hands possess. Thus has Allah ordained for you. All others are lawful, provided you seek them from your property, desiring chastity, not fornication. So with those among them whom you have enjoyed, give them their required due, but if you agree mutually after the requirement (has been determined), there is no sin on you. Surely, Allah is Ever All-Knowing, All-Wise.
    • Quran 4:24
  • If ye fear that ye shall not be able to deal justly with the orphans, Marry women of your choice, Two or three or four; but if ye fear that ye shall not be able to deal justly (with them), then only one, or (a captive) that your right hands possess.
    • Quran 4:3
  • "Also (prohibited are) women already married, except those whom your right hands possess: Thus hath Allah ordained (Prohibitions) against you: Except for these, all others are lawful, provided ye seek (them in marriage) with gifts from your property,- desiring chastity, not lust, seeing that ye derive benefit from them, give them their dowers (at least) as prescribed; but if, after a dower is prescribed, agree Mutually (to vary it), there is no blame on you, and Allah is All-knowing, All-wise."
    • Quran 4:24
  • Who abstain from sex, Except with those joined to them in the marriage bond, or (the captives) whom their right hands possess,- for (in their case) they are free from blame,
    • Qur'an 23:5-6
  • O Prophet! We have made lawful to thee thy wives to whom thou hast paid their dowers; and those whom thy right hand possesses out of the prisoners of war whom Allah has assigned to thee; and daughters of thy paternal uncles and aunts, and daughters of thy maternal uncles and aunts, who migrated (from Makka) with thee; and any believing woman who dedicates her soul to the Prophet if the Prophet wishes to wed her;- this only for thee, and not for the Believers (at large); We know what We have appointed for them as to their wives and the captives whom their right hands possess;- in order that there should be no difficulty for thee. And Allah is Oft-Forgiving, Most Merciful.
    • Quran 33:50
  • It is not allowed thee to take (other) women henceforth, nor that thou shouldst change them for other wives even though their beauty pleased thee, save those whom thy right hand possesseth. And Allah is ever Watcher over all things.
    • Quran 33:52
  • "Not so the worshippers, who are steadfast in prayer, who set aside a due portion of their wealth for the beggar and for the deprived, who truly believe in the Day of Reckoning and dread the punishment of their Lord (for none is secure from the punishment of their Lord); who restrain their carnal desire (save with their wives and their slave girls, for these are lawful to them: he that lusts after other than these is a transgressor..."
    • Qur'an 70:22-30

TafsirEdit

  • Also (forbidden are) women already married, except those whom your right hands possess. The Ayah means, you are prohibited from marrying women who are already married, except those whom your right hands possess, except those whom you acquire through war, for you are allowed such women after making sure they are not pregnant. Imam Ahmad recorded that Abu Sa`id Al-Khudri said, "We captured some women from the area of Awtas who were already married, and we disliked having sexual relations with them because they already had husbands. So, we asked the Prophet about this matter, and this Ayah was revealed, Also (forbidden are) women already married, except those whom your right hands possess. Consequently, we had sexual relations with these women." This is the wording collected by At-Tirmidhi An-Nasa'i, Ibn Jarir and Muslim in his Sahih.
    • Tafsir Ibn Kathir The Prohibition of Taking Two Sisters as Rival Wives (Qur'an 4:24) Forbidding Women Already Married, Except for Female Slaves Tafsir Ibn Kathir [1]
  • And all married women (are forbidden unto you save those (captives) whom your right hands possess) of captives, even if they have husbands in the Abode of War, after ascertaining that they are not pregnant, by waiting for the lapse of one period of menstruation. (It is a decree of Allah for you) that which I have mentioned to you is unlawful in Allah's Book.
    • Qur'an 4:24 Tafsir 'Ibn Abbas [2]
  • And, forbidden to you are, wedded women, those with spouses, that you should marry them before they have left their spouses, be they Muslim free women or not; save what your right hands own, of captured [slave] girls, whom you may have sexual intercourse with, even if they should have spouses among the enemy camp, but only after they have been absolved of the possibility of pregnancy [after the completion of one menstrual cycle]...
  • Tafsir al-Jalalayn Qur'an 4:24
  • And all married women (are forbidden unto you save those (captives) whom your right hands possess of captives, even if they have husbands in the Abode of War, after ascertaining that they are not pregnant, by waiting for the lapse of one period of menstruation....
  • Tafsir 'Ibn Abbas Qur'an 4:24
  • And all married women (are forbidden unto you) save those (captives) whom your right hands possess… [4:24]. Muhammad ibn ‘Abd al-Rahman al-Bunani informed us through Abu Sa‘id al-Khudri who said: “We had captured female prisoners of war on the day of Awtas and because they were already married we disliked having any physical relationship with them. Then we asked the Prophet, Allah bless him and give him peace, about them. And the verse, And all married women (are forbidden unto you) save those (captives) whom your right hands possess, was then revealed, as a result of which we consider it lawful to have a physical relationship with them”. Ahmad ibn Muhammad ibn Ahmad ibn al-Harith informed us through ‘Abd Allah ibn Muhammad ibn Ja‘far through Abu Yahya through Sahl ibn ‘Uthman through ‘Abd al-Rahim through Ash‘ath ibn Sawwar through ‘Uthman al-Batti through Abu’l-Khalil through Abu Sa‘id who said: “When the Messenger of Allah, Allah bless him and give him peace, captured the people of Awtas as prisoners of war we said: ‘O Prophet of Allah! How can we possibly have physical relationships with women whose lineage and husband we know very well?’ And so this verse was revealed: And all married women (are forbidden unto you) save those (captives) whom your right hands possess”. Abu Bakr Muhammad ibn Ibrahim al-Farisi informed us through Muhammad ibn ‘Isa ibn ‘Amrawayh through Ibrahim ibn Muhammad ibn Sufyan through Muslim ibn al-Hajjaj through ‘Ubayd Allah ibn ‘Umar al-Qawariri through Yazid ibn Zuray‘through Sa‘id ibn Abi ‘Arubah through Qatadah through Abu Salih Abu Khalil through Abu ‘Alqamah al-Hashimi through Abu Sa‘id al-Khudri who reported that on the day of Hunayn the Messenger of Allah, Allah bless him and give him peace, sent an army to Awtas. This army met the enemy in a battle, defeated them and captured many female prisoners from them. But some of the Companions of the Messenger, Allah bless him and give him peace, were uncomfortable about having physical relations with these prisoners because they had husbands who were idolaters, and so Allah, exalted is He, revealed about this: And all married women (are forbidden unto you) save those (captives) whom your right hands possess.
    • Tafsir al-Wahidi Qur'an 4:24

QuotesEdit

  • For if a man purchases a slave girl, the purchase contract includes his right to have sex with her.
    • Abd ar-Rahman al-Gaziri, al-Fiqh 'ala al-Mazahib al-Arba'a, Dar al-Kutub al-'Elmeyah, 1990, vol. 4, p. 89
  • Abu Sa’id Al Khudri said “The Apostle of Allaah sent a military expedition to Awtas on the occasion of the battle of Hunain. They met their enemy and fought with them. They defeated them and took them captives. Some of the Companions of Apostle of Allaah were reluctant to have relations with the female captives because of their pagan husbands. So, Allaah the exalted sent down the Qur’anic verse “And all married women (are forbidden) unto you save those (captives) whom your right hand posses.” This is to say that they are lawful for them when they complete their waiting period. [The Quran verse is 4:24]
    • Sunan Abu Dawud 2:2150
  • Abu Sa'id al-Khudri reported that at the Battle of Hunain Allah's Messenger sent an army to Autas and encountered the enemy and fought with them. Having overcome them and taken them captives, the Companions of Allah's Messenger seemed to refrain from having intercourse with captive women because of their husbands being polytheists. Then Allah, Most High, sent down regarding that:" And women already married, except those whom your right hands possess (Quran 4:. 24)" (i. e. they were lawful for them when their 'Idda period came to an end).
    • Sahih Muslim 8:3432
  • Narrated Ibn Muhairiz: I entered the Mosque and saw Abu Said Al-Khudri and sat beside him and asked him about Al-Azl (i.e. coitus interruptus). Abu Said said, "We went out with Allah's Apostle for the Ghazwa of Banu Al-Mustaliq and we received captives from among the Arab captives and we desired women and celibacy became hard on us and we loved to do coitus interruptus. So when we intended to do coitus interrupt us, we said, 'How can we do coitus interruptus before asking Allah's Apostle who is present among us?" We asked (him) about it and he said, 'It is better for you not to do so, for if any soul (till the Day of Resurrection) is predestined to exist, it will exist."
    • Sahih Bukhari 5:59:459
  • Abu Sa'id al-Khudri (Allah her pleased with him) reported that at the Battle of Hanain Allah's Messenger (may peace be upon him) sent an army to Autas and encountered the enemy and fought with them. Having overcome them and taken them captives, the Companions of Allah's Messenger (may peace te upon him) seemed to refrain from having intercourse with captive women because of their husbands being polytheists. Then Allah, Most High, sent down regarding that:" And women already married, except those whom your right hands possess (iv. 24)" (i. e. they were lawful for them when their 'Idda period came to an end).
    • Sahih Muslim 8:3432
  • Abu Sa'id al-Khudri (Allah be pleased with him) reported that Allah's Apostle (may peace be upon him) sent a small army. The rest of the hadith is the same except this that he said: Except what your right hands possessout of them are lawful for you; and he did not mention" when their 'idda period comes to an end". This hadith has been reported on the authority of AbuSa'id (al-Khudri) (Allah be pleased with him) through another chain of transmitters and the words are: They took captives (women) on the day of Autas who had their husbands. They were afraid (to have sexual intercourse with them) when this verse was revealed:" And women already married except those whom you right hands posses" (iv. 24)
    • Sahih Muslim 8:3433, See also: Sahih Muslim 8:3433
  • "Abu Sirma said to Abu Sa'id al Khadri (Allah he pleased with him): 0 Abu Sa'id, did you hear Allah's Messenger (may peace be upon him) mentioning al-'azl? He said: Yes, and added: We went out with Allah's Messenger (may peace be upon him) on the expedition to the Bi'l-Mustaliq and took captive some excellent Arab women; and we desired them, for we were suffering from the absence of our wives, (but at the same time) we also desired ransom for them. So we decided to have sexual intercourse with them but by observing 'azl (Interruptus Coitus - Withdrawing the male sexual organ before emission of semen to avoid-conception). But we said: We are doing an act whereas Allah's Messenger is amongst us; why not ask him? So we asked Allah's Mes- senger (may peace be upon him), and he said: It does not matter if you do not do it, for every soul that is to be born up to the Day of Resurrection will be born."
    • Sahih Muslim 8:3371
  • "Abu Sa’id al-Khudri said: The Apostle of Allah (may peace be upon him) sent a military expedition to Awtas on the occasion of the battle of Hunain. They met their enemy and fought with them. They defeated them and took them captives. Some of the Companions of the Apostle of Allah (may peace be upon him) were reluctant to have intercourse with the female captives because of their pagan husbands. So Allah, the Exalted, sent down the Qur’anic verse: “And all married women (are forbidden) unto you save those (captives) whom your right hands possess.” That is to say, they are lawful for them when they complete their waiting period."
    • Sunan Abu Dawud 2155 (Dar-us-Salam Ref)
  • Narrated Ruwayfi' ibn Thabit al-Ansari: Should I tell you what I heard the Apostle of Allah (peace be upon him) say on the day of Hunayn: It is not lawful for a man who believes in Allah and the last day to water what another has sown with his water (meaning intercourse with women who are pregnant); it is not lawful for a man who believes in Allah and the Last Day to have intercourse with a captive woman till she is free from a menstrual course; and it is not lawful for a man who believes in Allah and the Last Day to sell spoil till it is divided.
    • Sunan Abu Dawud 11:2153, See also Abu Dawud vol.2 no.2154
  • Narrated Abu Said Al-Khudri: That while he was sitting with the Prophet a man from the Ansar came and said, "O Allah's Apostle! We get slave girls from the war captives and we love property; what do you think about coitus interruptus?" Allah's Apostle said, "Do you do that? It is better for you not to do it, for there is no soul which Allah has ordained to come into existence but will be created."
    • Sahih Bukhari 8:77:600
  • Narrated Abu Said Al-Khudri: that while he was sitting with Allah's Apostle he said, "O Allah's Apostle! We get female captives as our share of booty, and we are interested in their prices, what is your opinion about coitus interrupt us?" The Prophet said, "Do you really do that? It is better for you not to do it. No soul that which Allah has destined to exist, but will surely come into existence.
    • Sahih Bukhari 3:34:432
  • Jabir (Allah be pleased with him) reported that a man came to Allah's Messenger (may peace be upon him) and said: I have a slave-girl who is our servant and she carries water for us and I have intercourse with her, but I do not want her to conceive. He said: Practise 'azl, if you so like, but what is decreed for her will come to her. The person stayed back (for some time) and then came and said: The girl has become pregnant, whereupon he said:I told you what was decreed for her would come to her.
    • Sunan Abu Dawud 8:3383
  • Narrated Mu'awiyah ibn Haydah: I said: Apostle of Allah, from whom should we conceal our private parts and to whom can we show? He replied: conceal your private parts except from your wife and from whom your right hands possess (slave-girls)...
    • Sunan Abu Dawud 31:4006
  • It was narrated that Salamah bin Al-Muhabbaq said: "The Prophet passed judgment concerning a man who had intercourse with his wife's slave woman: 'If he forced her, then she is free, and he has to give her mistress a similar slave as a replacement; if she obeyed him in that, then she belongs to him, and he has to give her mistress a similar slave as a replacement.'"
    • Sunan an-Nasa'i 4:26:3365
  • It was narrated from An-Nu'man bin Bashir that the Prophet said, concerning a man who had intercourse with his wife's slave woman: "If she let him do that, I will flog him with one hundred stripes , and if she did not let him, I will stone him (to death)."
    • Sunan an-Nasa'i 4:26:3362
  • It was narrated from Anas, that the Messenger of Allah had a female slave with whom he had intercourse, but 'Aishah and Hafsah would not leave him alone until he said that she was forbidden for him. Then Allah, the Mighty and Sublime, revealed: "O Prophet! Why do you forbid (for yourself) that which Allah has allowed to you.' until the end of the Verse.
    • Sunan an-Nasa'i 4:36:3411
  • A man may gratify his passion with his female slave in whatever way he pleases- It is lawful for a man to perform the act of Azil (i.e. coitus interruptus) with his female slave without her consent, whereas he cannot lawfully do so by his wife unless with her permission. –The reason of this is that the Prophet has forbidden the act of Azil with a free woman without her consent but has permitted it to a master in the case of his female slave. Besides, carnal connexion is the right of a free woman for the gratifying of her passion, and the propagation of children (whence it is that a wife is at liberty to reject a husband who is an eunuch or impotent); whereas a slave possesses no such right.—A man, therefore, is not at liberty to injure the right of his wife, whereas a master is absolute with respect to his slave. If, also, a man should marry the female slave of another, he must not perform the act of Azil with her without the consent of her master.
    • The Hidaya p.600.
  • When a child or a woman is taken captive, they become slaves by the fact of capture, and the woman’s previous marriage is immediately annulled.
    • (Umdat al-Salik O9.13)
  • Islam made it lawful for a master to have a number of slave-women captured in wars and enjoined that he alone may have sexual relations with them ... Europe abhors this law but at the same gladly allows that most odious form of animalism according to which a man may have illicit relations with any girl coming across him on his way to gratify his animal passions.[
    • Muhammad Qutb Qutb, Muhammad, Islam, the Misunderstood Religion, Markazi Maktabi Islami, Delhi-6, 1992 p.50
  • “The object, in the purchase of a female slave, is cohabitation and generation of children.”
    • Hidayah (Muslim law book), Hamilton, II, 409. Quoted from Lal, K. S. (1994). Muslim slave system in medieval India. New Delhi: Aditya Prakashan. Ch. 11
  • Akbar had prohibited enslavement and sale of women and children of peasants who had defaulted in payment of revenue. He knew, as Abul Fazl says, that many evil hearted and vicious men either because of ill-founded suspicion or sheer greed, used to proceed to villages and mahals and sack them.
    • Lal, K. S. (2012). Indian muslims: Who are they.
  • In this background, it would be an unremitting task both in volume and repetition to give all anecdotes, facts and figures of enslavement and concubinage of captive women in the central and provincial kingdoms and independent Muslim states found mentioned in the chronicles. This would only lead to repetition resulting in the book becoming bulky.
    • K.S.Lal. Muslim Slave System in Medieval India (1994)
  • The special interest of Muslims in sex slavery was universal and widespread.
    • K.S.Lai, The Muslim Slave System in Medieval India, Aditya Prakasha, New Delhi, 1994. [3] Quoted in Easy Meat, Inside Britain’s Grooming Gang Scandal by Peter McLoughlin.
  • They take the wife away from her husband and slay him like a sheep. They throw the babe from her mother and drive her into slavery; the child calls out from the ground and the mother hears, yet what is she to do?...They separate the children from the mother like the soul from within the body, and she watches as they divide her loved ones from off her lap, two of them go to two masters, herself to another[...] Her children cry out in lament, their eyes hot with tears. She turns to her loved ones, milk pouring forth from her breast: "Go in peace, my darlings, and may God accompany you."
  • And if a man wants to take a concubine and his wife says to him "I will kill myself," he is not prohibited [from doing so], because it is a lawful act, but if he abstains to save her grief, he will be rewarded, because of the hadith "Whoever sympathises with my community, God will sympathise with him."
    • A 17th century Hanafi scholar, Imam Haskafi, writes in his jurisprudential work Al-Durr al-Mukhtar. Kecia Ali (21 December 2015). Sexual Ethics and Islam: Feminist Reflections on Qur'an, Hadith and Jurisprudence. Oneworld Publications. ISBN 978-1-78074-853-5. p.50
  • Female slavery, being a condition necessary to the legality of this coveted indulgence [concubinage], will never be put down, with a willing or hearty co-operation by any Mussalman community.
    • William Muir, Life of Mahomet.[quoted in Avril A. Powell (12 October 2006). "Indian Muslim modernists and the issue of slavery in Islam". In Richard M. Eaton (ed.). Slavery and South Asian History. Indiana University Press. ISBN 0-253-11671-6. Powell 2006, p. 277-278.
  • If Zoroastrian and idolatrous women are taken prisoner, they are coerced into Islam; if they embrace it, sexual relations with them are permissible and they can (also) be used as maidservants. If they do not embrace Islam, they are used as maidservants but not for sexual relations (wa idhā subhīna (sic) al-majūsiyyāt wa ‘abadat al awthān ujbirna 'alā al-Islām fa-in asl ama wutiʼna ma 'stukhdimna wa in lam yuslimna 'stukhdimna wa lam yūtaʼna).
    • Ibn Hanbal cited in Jāmi‘ of al-Khallāl (d. 311 A.H. / 923 A.D.) quoted in Yohanan Friedmann, "Tolerance and Coercion in Islam: Interfaith Relations in the Muslim Tradition (Cambridge Studies in Islamic Civilization)" Friedmann, Y. "Tolerance and Coercion in Islam: Interfaith Relations in the Muslim Tradition (Cambridge Studies in Islamic Civilization)" Cambridge: Cambridge University Press, 2006, pp. 107-108
  • Shafi‘i's treatment of the issue is slightly different. Speaking of grown-up Zoroastrian or polytheist women taken into captivity, he maintains that no sexual relations with them are allowed before they embrace Islam without bringing up the question of converting them forcibly. If the female captives are minor but were taken captive with at least one of their parents, the ruling is the same. If, however, the girl was captured without her parents, or one of her parents embraced Islam, she is considered a Muslim and is coerced into embracing it (nahkumu lahā bihukm al-Islām wa nujbiruhā ‘alayhi). Once this happens, sexual relations with her are lawful.
  • Yohanan Friedmann, "Tolerance and Coercion in Islam: Interfaith Relations in the Muslim Tradition (Cambridge Studies in Islamic Civilization)" Friedmann, Y. "Tolerance and Coercion in Islam: Interfaith Relations in the Muslim Tradition (Cambridge Studies in Islamic Civilization)" Cambridge: Cambridge University Press, 2006, pp. 107-108
  • Schacht also states "The Hanafis on the other hand hold the view that the paternity of the child and the character of the slave as umm al-walad in this case depends entirerly on an acknowledgement by the master.' That is, if the master does not explicitkly acknowledge the paternity of the child, the mother of that child would remain a slave and not become an umm walad; her children then, would also be slaves.
    • — Jonathan E. Brockopp. Early Mālikī Law: Ibn ʻAbd Al-Ḥakam and His Major Compendium of Jurisprudence. 2000. BRILL. ISBN 90-04-11628-1. p. 201
  • He gave Uthman b. Affan a slave girl named Zaynab b. Hayyan b. Amr. Uthman had intercourse with her and she detested him.
    • — Rizwi Faizer. The Life of Muhammad: Al-Waqidi's Kitab Al-Maghazi. 2013. Routledge. ISBN 978-1-136-92114-8.
  • The permissibility of sex with the captive women was taken for granted by all the men involved, including the Prophet himself. (There is no indication of what the captured women thought, or the wives of the men involved.) Not only do the Prophet and the soldiers ignore the question of the women’s consent or lack thereof, but so does Algosaibi, focusing solely on contraception in his discussion of this hadith.
    • — Kecia Ali . Sexual Ethics and Islam: Feminist Reflections on Qur'an, Hadith and Jurisprudence. 2016. p. 60
  • When directly confronted, in a polemical context, with historical and textual permission for the sexual use of unfree women, Muslim authors sometimes respond defensively, seeking to protect Islam’s reputation. It may be argued, for instance, that Islamic “slavery” bore no resemblance to harsh American chattel slavery. In this view, the Qur’anic permission for men to have sex with “what their right hands possess” was merely a way of integrating war captives into society. Sometimes, it is added that the captives would be “integrated” into the Muslim community through becoming the property of a specific man who would be responsible for them and their offspring. Whatever merit these arguments have in the context of inter-communal polemics and apologetics, however, they are insufficient for internal Muslim reflection. In particular, the notion that women would be integrated into society by bearing offspring to their owners or captors does not apply to the case of the Bani Mustaliq: the rationale for the captors to practice withdrawal, according to other accounts, is that they did not want to impregnate the women lest they spoil their chances to ransom them.
    • — Kecia Ali . Sexual Ethics and Islam: Feminist Reflections on Qur'an, Hadith and Jurisprudence. 2016. p. 61
  • They agreed unanimously that an enslaved female’s consent was never required for a marriage contracted by her owner. Al Shafii (d. 820) is typical: “He may marry off his female slave without her permission whether she is a virgin or non-virgin.”7 It strains logic to suggest that an enslaved woman is subject to being married off without her consent or against her will to whomever her owner chooses but that he cannot have sex with her himself without her consent... All accepted—sometimes tacitly, sometimes explicitly—that a man could practice withdrawal with his own female slave without seeking her permission
    • — Ali, Kecia (2017). "Concubinage and Consent". International Journal of Media Studies. 49. doi:10.1017/S0020743816001203
  • A man’s intercourse with a female slave might constitute zina¯ only if she belongs to someone else.
    • — Ali, Kecia (2017). "Concubinage and Consent". International Journal of Media Studies. 49. doi:10.1017/S0020743816001203
  • Even if he marries off his own slave and no longer has lawful access to her, his having sex with her is a lesser transgression than zina¯. The jurists’ occasional affirmations that a married female slave whose owner nonetheless has sex with her is not to be punished is the closest any of these texts comes to considering the relevance of an enslaved woman’s consent. Notably, the issue emerges only because she is married to another man, a marriage for which jurists uniformly agree that her consent would have been unnecessary
    • — Ali, Kecia (2017). "Concubinage and Consent". International Journal of Media Studies. 49. doi:10.1017/S0020743816001203
  • We have also seen that according to the prevalent view of the traditionists, a female polytheist must be converted to Islam, by coercive measures if necessary, before any sexual relationship with her can take place... Conversion to Islam is not mentioned here as a necessary condition for sexual relations. In the opinion of Mujhid, the captive girl should shave her pubic hair, trim her hair and pare her nails. Then she should perform ablution, wash her clothes, pronounce the shahada and perform a Muslim prayer. But even if she refuses to do these things, her master is still allowed to have sexual relations with her once she has had one menstrual period in his house. And Safiıd b. al-Musayyab simply says that “there is nothing wrong in a man having sexual relations with his Zoroastrian slave-girl”... Ibn Qayyim al-Jawziyya observes, on the other hand, that: "they (i.e., the Prophet’s companions) did not make sexual relations with Arab captives contingent on their conversion; rather they had sexual relations with them after one menstrual period. God allowed them to do this and did not make it conditional on conversion." Summing up, Ibn Qayyim al-Jawziyya says that there is not a single tradition which makes sexual relations with female captives contingent on their conversion.
    • Yohanan Friedmann, Tolerance and Coercion in Islam : Interfaith Relations in the Muslim Tradition, Cambridge University Press, 2003.— pp. 176-178
  • The prevalent view of the jurisprudents is that sexual intercourse of any kind is not permissible with Zoroastrian or idolatrous women. According to some, a Muslim who has intercourse with such a woman is (from the religious view point) not better than the infidel woman herself. This being so, most fuqaha maintain that women belonging to these groups should embrace Islam before any intercourse can take place. If they refuse, they are used as servants, but sexual intercourse with them is not permitted. This is evidently not an optimal solution, and numerous traditions maintain that women who refuse to embrace Islam willingly should be subjected to coercion.
    • Yohanan Friedmann, Tolerance and Coercion in Islam : Interfaith Relations in the Muslim Tradition, Cambridge University Press, 2003.— pp. 107
  • The citations attributed to early authorities suggest that sexual slavery was seen as a matter of privilege; a male privilege as well as a privilege of the conqueror over a conquered people—which is demonstrated by an interest in slave ethnicities. According to contemporaneous Islamic legal writings, men had a number of privileges over women; sexual pleasure was one of them.
    • — Pernilla, Myrne (2019). "Slaves for Pleasure in Arabic Sex and Slave Purchase Manuals from the Tenth to the Twelfth Centuries". Journal of Global Slavery. 4: 196–225. doi:10.1163/2405836X-00402004 p. 203
  • Established Islamic jurisprudence therefore often describes marriage as a type of sale, with the item being purchased being a wife’s sexual organs. There are qualitative differences between the rights of a wife and a female slave, of course, and the jurists do carefully lay these out, but nevertheless, the concept of male ownership of women’s sexual parts becomes an important part of the traditional juristic understanding of what makes sex licit in Islam.
    • — Asifa Quraishi-Landes (15 April 2016). "A Meditation on Mahr, Modernity, and Muslim Marriage Contract Law". Feminism, Law, and Religion. Routledge. ISBN 978-1-317-13579-1. p. 178
  • From this, South Asian scholars deduced that jihad was irrelevant when seizing infudels, who were "deproved of their rights of freedom without being possessed by anybody." It was unnecessary to invite infidels in the abode of war to embrace Islam before seziningtheir persons, because they were "something which is the property of no particular person and may by law become the property of a Mooslim...They are classed with inanimate beings...thus liable to be reduced to state of property, like things which were originally comon by nature.' For a raider, this entailed that 'such of the inhabitants, as have fallen into his hands, are at his absolute disposal, and may be lawfully reduced to slavery."
    • — William Gervase Clarence-Smith; W. G. Clarence-Smith (2006). Islam and the Abolition of Slavery. Oxford University Press. p. 28. ISBN 978-0-19-522151-0.
  • The master could sell her or give her away as a gift. The concubine could not own property, because her master owned everything, although she could carry out a trade or business by herself. Levy described the concubine saying "She has no more right than other chattels". She could be paid compensation for an attack, which resulted in the death of a baby. Also her master could pass her on to his heir as an inheritance.
    • — Saad, Salma (1990). The legal and social status of women in the Hadith literature. University of Leeds, p. 245
  • These were the most fortunate captive women, who held high a position in the life of the Prophet. Therefore, it can be said that the destiny of a captive woman depended on two points: a. if her tribe was able to pay the ransom b. if she was married to her captor. Sometimes neither of these events might occur and therefore the woman suffered and was humiliated because her captor or the one who bought her, had control of both her body and her life. He might keep her as a concubine if she was beautiful and young, or might use her as a servant if she was old and ugly. He had the right to sell her to anyone who was willing to pay her price. On this account some references mentioned captives, who committed suicide
    • — Saad, Salma (1990). The legal and social status of women in the Hadith literature. University of Leeds, p. 248
  • A surprising assertion about consent also appears in a recent monograph by a scholar of Islamic legal history who declares in passing that the Quran forbids nonconsensual relationships between owners and their female slaves, claiming that “the master–slave relationship creates a status through which sexual relations may become licit, provided both parties consent.” She contends that “the sources” treat a master’s nonconsensual sex with his female slave as “tantamount to the crime of zina [illicit sex] and/or rape.” Though I believe in the strongest possible terms that meaningful consent is a prerequisite for ethical sexual relationships, I am at a loss to find this stance mirrored in the premodern Muslim legal tradition, which accepted and regulated slavery, including sex between male masters and their female slaves.
    • — Kecia Ali(2017). "Concubinage and Consent". International Journal of Media Studies. 49. doi:10.1017/S0020743816001203
  • Most Muslims today either are not aware, or do not like to emphasize, the theoretical presumptions embedded in the Islamic jurisprudence of marriage law because they are quite far from contemporary sensibilities. Established Islamic marriage contract law uses the contract of sale as its basic conceptual framework—a model which leads to some uncomfortable conclusions about what is being sold and the role of women’s agency in that sale. Even more out of step with modernity is a historical context in which slavery and concubinage were socially acceptable. Because of their presumption that a man may legally have sex with his female slave, classical Muslim jurists draw an analogy between a marriage contract and a contract for sale of a concubine, using this analogy to work out the doctrinal details of the respective rights (sexual and otherwise) of a husband and wife.
    • — Asifa Quraishi-Landes (15 April 2016). "A Meditation on Mahr, Modernity, and Muslim Marriage Contract Law". Feminism, Law, and Religion. Routledge. ISBN 978-1-317-13579-1. p. 178
  • These questions arise urgently when one considers that classical Islamic law accepts both slavery as an institution and the sexual use of female slaves, whereas the overwhelming majority of Muslims today completely reject all forms of slavery... Yet quite a number of late twentieth-century and early twenty-first-century Muslim authors and laypeople gloss over the existence of slavery, and especially concubinage, in Muslim history and texts... Given that the vast majority of contemporary Muslims reject slavery, many have chosen to ignore the issue. Rather than reiterate the classical religious permission for slavery and slave concubinage, even to oppose it, they seem to believe that a moderate or progressive agenda is better served by emphasizing the contemporary agreement that slavery, and especially concubinage, is forbidden as completely outside the bounds of Muslim sexual morality. Although a few authors deny the validity of slave concubinage outright, asserting that “those jurists of Islamic law who laid down the rule that a master may have [a] sexual relationship with his female slave without marriage are totally mistaken,” most simply ignore what prevailed as the consensus for over a millennium.
    • — Kecia Ali, Slavery and Sexual Ethics in Islam in Jacqueline L. Hazelton (25 October 2010). Beyond Slavery: Overcoming Its Religious and Sexual Legacies. Springer. p. 108. ISBN 978-0-230-11389-3.

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