Response to the claim that Islam’s permission to take concubines is an invitation to prostitution and encouragement of slavery
then from those whom your right hands possess of your believing girls. And Allah knows best about your faith. You are of one another. So marry them with the permission of their people and give them their dowries according to what is acceptable. They should be chaste, not fornicators nor taking lovers. ) (25) An -Nisa’ on the authority of Ali, may Allah be pleased with him, that the last words of the Messenger of Allah were: Prayer, prayer. Fear Allah with regard to those whom your right hands possess. Narrated by Abu Dawud and authenticated by Al-Albani. Malik narrated on the authority of Nafi’ on the authority of Ibn Umar, may Allah be pleased with them both, that the Messenger of Allah, may Allah bless him and grant him peace, saw a woman killed in one of his battles. He denounced that and forbade the killing of women and children . Al-Bukhari: The Book of Jihad and Expeditions, Chapter: Killing Women in War (2852), Muslim: The Book of Jihad and Expeditions, Chapter: Prohibition of Killing Women and Children in War (1744), Ibn Majah (2842), Ahmad (4739), Ad-Darami (2462), Ibn Hibban (135), and Al-Hakim in Al-Mustadrak (2565). On the authority of Rabah ibn Rabi’ who said: We were with the Messenger of Allah, may Allah bless him and grant him peace, on a military expedition, and he saw the people gathered around something. So he sent a man and said: Look, why have these people gathered ? So he came and said: Over a woman who was killed. The Prophet (peace and blessings of Allah be upon him) said: This one was not meant to fight . He said: Khalid ibn al-Walid (may Allah be pleased with him) was in the vanguard . He sent a man and said: “ Tell Khalid: Do not kill a woman or a hired hand .” A hired hand means a hired hand. Abu Dawud (2669), Abu Ya’la (5147). Al-Albani said: It is hasan saheeh. See: Saheeh Sunan Abi Dawud by al-Albani (2324).
On the authority of Abu Dharr - may Allah be pleased with him - who said: The Messenger of Allah - may Allah bless him and grant him peace - said: “Your brothers are those whom Allah has placed under your control. So whoever Allah has placed his brother under his control , let him feed him from what he eats, clothe him from what he wears, and do not burden him with work beyond his ability. But if he burdens him with work beyond his ability, let him help him with it . ” Sahih al-Bukhari and Muslim
On the authority of Abu Mas`ud al-Ansari, he said: I was beating my slave... and I heard a voice behind me saying: (Know, Abu Mas`ud! Allah has more power over you than you have over him). I turned and saw that it was the Messenger of Allah, may Allah bless him and grant him peace... I said: O Messenger of Allah! He is free for the sake of Allah. He said: If you had not done so, the Fire would have burned you or touched you. Sahih Muslim
Whoever slanders his slave, and he is innocent of what he said, will be flogged on the Day of Resurrection unless it is as he said. Sahih al-Bukhari The Messenger of Allah, may Allah bless him and grant him peace, said : It is enough of a sin for a man to withhold food from someone he owns. Sahih Muslim If one of you brings his food to his servant, and he does not seat him with him, then let him give him a morsel or two, or a meal or two, for he is his guardian . Sahih al-
Bukhari Whoever slaps or beats his slave, his expiation is to set him free. Sahih al-Jami`
Whoever of your slaves suits you, feed them what you eat and clothe them with what you wear. And whoever of them does not suit you, sell him, and do not torture Allah’s creationWhoever slanders his slave, and he is innocent of what he said, will be flogged on the Day of Resurrection unless it is as he said. Sahih al-Bukhari The Messenger of Allah, may Allah bless him and grant him peace, said : It is enough of a sin for a man to withhold food from someone he owns. Sahih Muslim If one of you brings his food to his servant, and he does not seat him with him, then let him give him a morsel or two, or a meal or two, for he is his guardian . Sahih al-
Bukhari Whoever slaps or beats his slave, his expiation is to set him free. Sahih al-Jami`
. Sahih Abi Dawud . It was mentioned in the chapter on the rights of concubines 7587 on the authority of Salman who said: I heard the Messenger of Allah, may Allah bless him and grant him peace, say: “ Whoever takes servants other than those he marries, then they transgress, then upon him is the like of their sins without that detracting from their sins in the slightest .” It was narrated by Al-Bazzar on the authority of Ata’ bin Yasar on the authority of Salman , Majma’ Al-Zawa’id wa Manba’ Al-Fawa’id » Book of Marriage » Chapter on the Rights of Concubines - It is known that the enemies of Muslims do not respect women, children, or the elderly, so they torture them, rape them, slit their bellies, and commit massacres against them. They may also take women and children captive, and history is the best witness to that (the Inquisition and the dropping of nuclear and atomic bombs that do not differentiate between a man or a woman, a child or an elderly person, a fighter or a peaceful person). So certainly taking them captive is better than killing them - Captivity is considered a deterrent element , so if the enemy knows that by fighting the Muslims his women will be taken captive, he will fear - Captivity is also considered a pressure element , so if the enemy’s women are taken captive, he can be pressured either by ransoming their women and prisoners with money or with Muslim prisoners
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Content of the doubt:
Some malicious people claim that Islam encouraged the slave trade, and they prove their claim by permitting the system of concubinage with female slaves, and they also claim that this is an invitation to prostitution and licentiousness.
Two aspects of refuting the doubt:
Concubinage is the taking of a female slave owned by her master for sexual intercourse, and it was known among previous nations, but Islam set conditions for it that guarantee the rights of the female slave and protect her human dignity.
The legal objectives of permitting concubinage with female slaves in Islam are to free them from the slavery of slavery, protect them from falling into immorality, and solve the problem of marriage for those who are unable to afford it. In this way, Islam protects society from loss, dissolution, and the scourge of prostitution and licentiousness.
Details:
First. The meaning of concubinage in language and terminology, and the conditions under which it is carried out in Islam refute this claim:
Concubinage in language: taking a concubine. It is said: A man takes his female slave as a concubine, and he takes her as a concubine and he takes her as a concubine: if he takes her as a concubine, and she is a female slave owned by her master for sexual intercourse, and it is from pleasure; Because she is the source of pleasure for the man; and because he makes her happy, without the rest of his concubines. Concubinage in terminology does not differ from its linguistic meaning.
Concubinage is permissible in Islam according to the Qur’an, the Sunnah, and consensus, if its conditions are met. Allah the Almighty says: “And those who guard their private parts (5) Except from their wives or those their right hands possess, for indeed, they will not be blamed (6)” (Al-Mu’minun). The Prophet, may Allah bless him and grant him peace, took concubines as a concubine, and she bore him his son Ibrahim. Likewise, the Companions, may Allah be pleased with them, took concubines.
This does not mean that Islam is the one who invented this system; it was known to all nations before Islam, and religions knew it before Islam. It was reported that Abraham, peace be upon him, took concubines as concubines, whom the king of Egypt gave to him, and she bore him Ishmael, peace be upon him. It was reported in the Torah that Solomon, peace be upon him, had three hundred concubines. The pre-Islamic Arabs also knew about concubinage [1].
Islam was the first system known to mankind to restrict this matter and set conditions for it that must be fulfilled. In doing so, it restricted one of the greatest sources of slavery.
Among the conditions and restrictions that Islam set for the system of concubinage, which guarantees dignity and many rights for female slaves that they did not obtain in any other legislation other than Islam, are: It
is not permissible to enslave female slaves in wars unless this war is legitimate, i.e. Islam permits it. If it is not, it will not lead to the enslavement of those captured in it.
It is not permissible for a Muslim to satisfy his desire with any female prisoner of war except after the ruler has decided to enslave them.
It is not permissible for a Muslim to satisfy his desire except after she becomes his right hand possession, and the female prisoner is not like that unless she becomes his share of the spoils, or he buys her from someone else if she is owned. After she becomes his property, he is not permitted to touch her except after he has purified her by at least one menstrual cycle to ensure that she is not pregnant. [2]
Therefore, Islam did not leave the matter of concubinage with female slaves absolutely without restrictions as it was before Islam, and it did not leave it to the whims of the soldiers; In order to violate the sanctity of female prisoners and assault them with cruelty and brutality, as happened before Islam, and as happens even now by non-Muslim armies. When we see female prisoners of war in non-Islamic regimes descending into the mire of vice and the swamp of immorality because they have no one to support them, we see female prisoners in the Islamic regime receiving all the rights of wives: care, food, clothing, housing, and protection of their honor.
It is not permissible for anyone other than the owner to enjoy them, even if they are his relatives. This protects them from homelessness and satisfies their sexual needs. Therefore, it can never be said that permitting concubinage in Islam is a type of prostitution, because whoever says this is either ignorant of the meaning of prostitution or of the Islamic law for enjoying concubines. Prostitution is when a man borrows a woman’s body for a fee, which is what is being promoted in Western societies that claim to be civilized now. The differences are very clear between prostitution and the system of concubinage in Islam, which is a type of eliminating prostitution.
Secondly, the legal objectives of permitting concubinage in Islam:
Although Islam permits Muslims to enslave prisoners of war due to urgent necessity, it has called upon them to treat them - in the case of slavery - with the best types of treatment, kindness and goodness, and has prepared the means that will gradually attract them to Muslim society and make them members of it. This is the purpose for which Islam permitted enjoying concubines.
Islam has many wisdoms and benefits behind its permission for concubinage that benefit the entire society, its individuals, and the concubines themselves, which we will list below:
Protecting female prisoners from falling into immorality:
When Islam permitted the system of concubinage, it intended to free them from homelessness and prostitution. While female prisoners of war in non-Islamic regimes would fall into the swamp of immorality, where they often lost their support, and because their masters did not feel any sense of honor or dignity towards them, they would force them to commit adultery.
They would profit from this dirty trade (the trade of honor and the violation of sanctities), but the great, civilized Islam did not accept prostitution, and did not follow this dirty path with female slaves, but rather was concerned about their reputation and morals[3]. For this reason, it limited the enjoyment of these concubines to their masters only, and they were required to feed and clothe them, protect them from immorality, and satisfy their sexual needs.
Protecting society from sexual depravity:
The concubinage system in Islam protects society from sexual chaos and licentiousness. If these female captives are released after the war and after losing their support, they will inevitably look for something to earn a living, and the easiest thing for them is to practice vice. Islam wanted to protect Muslim societies from this chaos and licentiousness by legislating the principle of concubinage.
Solving the problem of marriage for those who are unable to afford it:
For example, if someone is unable to marry a free woman because her dowry is too expensive, he marries a slave woman or a slave girl whom he buys to satisfy his desires through lawful means and protect himself through the possession of the right hand. Allah the Almighty said: “And whoever among you cannot afford to marry free, believing women, then from those whom your right hands possess of your believing girls. And Allah knows best about your faith. You are one from another. So marry them with the permission of their people and give them their due compensation according to what is acceptable.” (An-Nisa’: 25) [4].
Concubinage is a means of freeing slaves:
Islam has permitted men to have intercourse with those whom their right hands possess, so that this would be a means of limiting slaves. Islam has exploited the inclinations of instinct in this regard to eliminate the sources of slavery. In order for this noble human purpose to be achieved in the most perfect and complete manner, Islam has permitted a man to have concubines without being bound by a contract or a number. It has not restricted it to a contract, an offer, or acceptance, because it is a means that leads to the freedom of the slave girl and the freedom of all her offspring until the Day of Judgment. It is not right for it to depend on her opinion and acceptance; rather, her paths should be paved as soon as the master approaches her. [5]
This is also why Islam did not stipulate a specific number, so that the blessing of freedom would include the largest possible number, and to eliminate slavery in the shortest possible time. Islam
has stipulated that a female slave who gives birth to a child from her master will be free, and she will also be free after the death of her master, and she may not be sold during her master’s lifetime, and the heirs may not enslave her. The system of concubinage is therefore one of the greatest systems that lead to the liberation of female slaves in Islam, not encouraging their enslavement as some claim.
Looking at the Islamic system of concubinage; It becomes clear to him at first glance that it is far from prostitution, but rather it is one of the greatest means of eliminating prostitution and sexual immorality in societies. When Islam legislated the system of concubinage, it legislated it to solve a thorny problem that Muslims might face after the war, which is the presence of thousands of female prisoners of the enemy with Muslims, and this enemy did not want to rescue them by paying them ransom, or releasing the Muslim women he had captured in exchange for them. There is no doubt that Muslims are forced to hold them, because just as it is not permissible to imprison them permanently, it is also not permissible to release them in the House of Islam; so that Muslim society is not corrupted and the germs of immorality and debauchery spread in it, on the one hand, and their foreheads are not branded with shame and humiliation forever, on the other hand. Hence, it was necessary to distribute them among the members of the nation, with the command of their masters to enjoy them, and to confine them to themselves only, or to marry them to others so that they do not commit immorality, and take lovers in society, as Islam emphasized the prohibition of masters from forcing their female slaves to commit adultery, as the Almighty says: “And do not compel your girls to prostitution, if they desire chastity, in order to seek the goods of worldly life” (An-Nur: 33) [6].
And the Almighty’s saying: “If they desire chastity” (An-Nur: 33), does not mean that if they do not desire chastity, He compels them to do so, but rather what is meant by it is to explain the reality for which the verse was revealed, which is their compulsion of their female slaves to commit adultery despite their aversion to it, and because compulsion is not conceivable when they are satisfied with adultery and choose it, but rather it is conceivable when they hate it and are not satisfied with it, and because in this expression there is a reproach to them - that is, to the free men who compel their girls - It is as if He - the Almighty - is saying to them: How can you force them into prostitution when they are slave girls who desire chastity and refuse immorality? Would it not have been more appropriate for you and more fitting for your dignity to help them to be chaste and pure, instead of forcing them to commit immorality for the sake of a worldly life? [7]
But if one of them inclines toward immorality, then she will be punished half as much as the free women. God the Almighty said: “But if they commit an immorality, then upon them is half as much as the free women of the punishment” (An-Nisa’: 25); and thus Islam has blocked the path of prostitution and immorality for slave girls, whether they desire it or are forced into it. But is it humane at all to prevent slave girls from a demand of the soul and instincts of nature?! Do they not have the same rights as free women to fulfill these demands?!
Islam has chosen two ways to achieve their natural desires, in an honorable manner, without harming the morals of society, which are:
that their masters marry them to others, and in this regard the Almighty says: “And marry those among you who are single and those of your male slaves and female slaves who are righteous” (An-Nur: 32). Likewise, it has permitted those Muslims who are unable to marry a free woman due to their poverty to marry a female slave for a small dowry, as the Almighty says: “And whoever among you cannot afford to marry free, believing women, then from those whom your right hands possess of your believing girls” (An-Nisa: 25). In this way, the right is transferred from the master to the husband, because by his own will he has transferred his right to someone else for a dowry that he has received[8].
Accordingly, the Qur’anic text has forbidden such chaste female slaves to anyone other than their husbands. God Almighty says: “Marry them with the permission of their people and give them their dowries in a fair manner. They should be chaste, not fornicators or taking paramours.” (An-Nisa’: 25).
The master himself can enjoy them, and this is done in three ways:
The master can enjoy them as his right hand, which is a condition of marriage.
He can free her and then marry her, and consider the freeing as her dowry.
He can free her and then marry her for a new dowry.
The Prophet, may God bless him and grant him peace, preferred the second and third of these ways, and urged Muslims to do them in many hadiths. He, may God bless him and grant him peace, said: “Any man who has a female slave - i.e. a female slave - and teaches her and teaches her well, and disciplines her and disciplines her well, then frees her and marries her - will have two rewards.”[9] The Prophet, may God bless him and grant him peace, says about the third type: “If a man frees his female slave and then marries her for a new dowry, he will have two rewards.” “Two rewards”[10].
The Prophet’s action - may God bless him and grant him peace - supported his statement; the Prophet - may God bless him and grant him peace - married Safiyyah and Juwayriyah - may God be pleased with them - after he had first freed them and then brought them into the realm of marriage[11].
This is the system of concubinage in Islam, confirming - beyond any doubt - the greatness of the divine law, its wisdom, and its knowledge of what is good for the conditions of the servants. Where is this in comparison to other social systems that looked at the nation with a look of humiliation and contempt, with what it was forced into of prostitution, and with what it was swirling in of sinful pleasure and cheap enjoyment in the market of corruption and licentiousness[12].
Today, European and Eastern countries have taken another path in enslaving women; this path can be summed up in the fact that the systems there have permitted prostitution and granted it the protection of the law. So where is the dignity of the prostitute when she has no justification for her behavior?! No one asks for it except for the dirtiest meaning that humanity can descend to. How far from this physical and moral filth is what existed between masters and concubines in Islam?
Islam was frank with itself and with people, saying: This is slavery, and these are concubines, and the limits of their treatment are such and such. However, it did not say that this is the permanent state of humanity, nor the state that befits its dignity in the future. Rather, it is a necessity of war when people become accustomed to enslaving prisoners of war.
The system of concubines that Islam knew fourteen hundred years ago - as a temporary system subject to change - as Professor Muhammad Qutb says about it - is much cleaner than the system that exists in the twentieth century, and modern civilization considers it a progressive system that no one denounces, no one seeks to change, and no one objects to it remaining until the end of life as long as these drives for sex and lusts persist.
Someone might claim that these "absorptionists" of immorality volunteer without being coerced by anyone, and they own their complete freedom. But what kind of freedom is that? Rather, they are in reality slaves of the economic, social, political and moral conditions that pushed them[13] to take up prostitution as a source of income. There is no doubt that European civilization, with its bad conditions and immoral circumstances, is what pushes towards prostitution and approves of it, whether it is official prostitution or amateur prostitution.
This is the real slavery that non-Muslims live: slavery for men and slavery for women, slavery for nations and slavery for races, slavery with multiple sources, renewable resources without urgent necessity, and without pressing need. God forbid, except for the baseness of the West and its indulgence in lusts and pleasures.[14]
Dr. tells us about the ruling and purposes behind permitting concubinage in Islam. Al-Bouti says: “The principle of sexual relations is respected and called for by Sharia, and it is not, as one might think, a shameful matter or a plague that belittles a person and his social value; therefore, the original ruling on it was permissibility, and the prohibition is in exceptional, urgent cases that are summarized in the corruptions we mentioned.
The way in which the Lawgiver fortified this natural relationship against the corruptions that may creep into it is to establish this relationship under the umbrella of a contract that creates a commitment and bearing of the effects and responsibilities. Whenever this contractual connection is achieved in a way that guarantees bearing these responsibilities and fortifies both parties against corruptions and dangers, it is a connection that is acceptable by Sharia.
It is known that both the marriage contract and the system of concubinage are based on these controls, and there is no difference between them in that; the woman in both cases is entrusted to her one man, and the man in both cases is fulfilling his responsibilities towards his wife: whether she is a slave or a wife, and everything he produces from her; its lineage is linked to him, and the one born to him must provide for them all in a good manner, as God Almighty has commanded.
From here, it is known that … The system of concubinage, when it is carried out in a legitimate manner, applying its known rules and regulations, and in the shadow of the slavery declared by the Muslim ruler, is no different from marriage in that it is a sexual relationship that is protected from the corruption and harms that may creep into it.
Finally, the root of the problem is summarized in the following: The Western lunatics in our countries look at the total deviation of Westerners today in all sexual deviations and perversions, and they are not surprised by that, nor do they feel any disgust or denunciation, but rather they support what the Westerners themselves see, that the issue of sex is a personal issue that is due to the freedom and temperament of the individual, and has no effect on the scope of any of the components of civilization or social or economic interests or moral relations.
Even if they look at the history of Islamic civilization and the men of history or Islamic thought, they then place the issue of sex on another scale of evaluation and consideration, as this scale shows them that the sexual relationship as a whole is a disgusting and shameful matter, and therefore the sublimity of human morality requires that man always rise above it and flee from it, and rid himself and his feelings of the remnants of his filth and perceptions.
Through this scale, they look at the men of Islamic history, starting with Muhammad - may God bless him and grant him peace - and all of its scholars, thinkers, leaders, and rulers.
Since they will not find angels or any other creatures distinct from humans in the biography of these men, they must then pursue them with bitter criticism, and repeat the biography of the polytheists who used to say about Muhammad - may God bless him and grant him peace - based on this perspective: “And they said, ‘What is the matter with this Messenger that he eats food and walks in the markets?’” (Al-Furqan: 7)?!
As long as the view of the followers of the West falters between excessive disdain for sex and its perversions, when they turn their faces towards the Western world, and excessive disapproval of it and considering it a bad mark on human relations whenever they turn their eyes to their Arab and Islamic history, then the root of these ridiculous objections will not be cut off, and it is natural that it will not be cut off.
However, it is very important to mention here the moderation that distinguishes Islam, which God made a fortress that protects Muslims who are aware of their Islam from straying in any intellectual or behavioral issue, to either of the two edges of exaggeration or “Excessiveness”[15].
Conclusion:
Concubinage is the taking of a female slave for sexual intercourse by her master. Concubinage - in this sense - was known in all previous nations before Islam, and some prophets such as Abraham and Solomon, peace be upon them, did the same. Islam approved this system and permitted it in the Qur’an, Sunnah, and consensus, but with special conditions that guarantee the slave girl her rights and protect her human dignity. Islam
had many wisdoms and interests in permitting the system of concubinage with female slaves, the most important of which are: protecting female captives from homelessness and falling into immorality, protecting society from sexual depravity and licentiousness, and solving the problem of marriage for those who are unable to afford it. Concubinage is itself a means of freeing slaves.
The system of concubinage in Islam is one of the greatest means of eliminating prostitution and whoring in societies. It is much cleaner than the system that is based in the West on permitting prostitution and granting it the protection of the law.
Islam permitted the captivity of women and enjoying them in order to protect them from loss. Because their husbands or guardians are combatants, some of whom have died or lost contact with them after their capture, and it is not in the interest of returning them to their countries, as they may not find their husbands or anyone to support them and may be exposed to harm. It cannot be said: Let it be so and her sin is on her people, because Islamic warfare takes into account humane meanings despite the enmity of religion. However, enjoying the female captive is a means to her freedom, because if she becomes pregnant by her owner who is her master, she is freed after his death, and her child is free. This is the secret of allowing enjoyment of them without number, because it is a path to their freedom and the freedom of their children[16].
(*) Islam in the Face of Contemporary Challenges, Abu Al-A’la Al-Mawdudi, translated by: Khalil Ahmed Al-Hamidi, Dar Al-Qalam, Kuwait, 4th ed., 1400 AH/1980 AD.
[1]. The Encyclopedia of Jurisprudence, Ministry of Endowments and Islamic Affairs, Kuwait, 1st ed., 1409 AH/1988 AD, Vol. 11, p. 297.
[2]. The Tolerance of Islam, Dr. Omar bin Abdul Aziz Qurayshi, Al-Adeeb Library, Saudi Arabia, Golden Library for Publishing and Translation, Egypt, 1st ed., 1424 AH/2003 AD, p. 362.
[3]. The Tolerance of Islam, Dr. Omar bin Abdul Aziz Qurayshi, Al-Adeeb Library, Saudi Arabia, Golden Library for Publishing and Translation, Egypt, 1st ed., 1424 AH/2003 AD, p. 362.
[4]. The Slavery System in Islam, Abdullah Naseh Alwan, Dar Al-Salam, Cairo, 5th ed., 2004 AD, p. 75.
[5]. His Eminence of Islam, Dr. Omar bin Abdul Aziz Qurayshi, Al-Adeeb Library, Saudi Arabia, Golden Library for Publishing and Translation, Egypt, 1st ed., 1424 AH/2003 AD, p. 364.
[6]. His Eminence of Islam, Dr. Omar bin Abdul Aziz Qurayshi, Al-Adeeb Library, Saudi Arabia, Golden Library for Publishing and Translation, Egypt, 1st ed., 1424 AH/2003 AD, p. 365, with some modifications.
[7]. Al-Wasit Interpretation of the Holy Quran, Dr. Muhammad Sayyid Tantawi, Al-Saada Press, Cairo, 1405 AH/1985 AD, Vol. 10, p. 73.
[8]. His Eminence of Islam, Dr. Omar bin Abdul Aziz Qurayshi, Al-Adeeb Library, Saudi Arabia, Golden Library for Publishing and Translation, Egypt, 1st ed., 1424 AH/2003 AD, p. 366.
[9]. Narrated by Al-Bukhari in his Sahih, Book of Marriage, Chapter on Taking Concubines and Who Emancipates His Female Slave and Then Marries Her (4795), and in other places, and by Muslim in his Sahih, Book of Marriage, Chapter on the Virtue of Emancipating His Female Slave and Then Marrying Her (3570).
[10]. Its chain of transmission is authentic: It was narrated by Al-Tayalisi in his Musnad, Musnad of Abu Burdah bin Abi Musa on the authority of his father, may God be pleased with him (501), and by Ahmad in his Musnad, Musnad of the Kufians, Hadith of Abu Musa Al-Ash’ari, may God be pleased with him (19673), and its chain of transmission was authenticated by Al-Arna’ut in his Commentaries on Musnad Ahmad (19673).
[11]. Samahat Al-Islam, Dr. Omar bin Abdul Aziz Qurayshi, Al-Adib Library, Saudi Arabia, Golden Library for Publishing and Translation, Egypt, 1st ed., 1424 AH/2003 AD, p. 367.
[12]. The Slavery System in Islam, Abdullah Naseh Alwan, Dar Al Salam, Cairo, 5th ed., 2004, p. 96.
[13]. The Slavery System in Islam, Abdullah Naseh Alwan, Dar Al Salam, Cairo, 5th ed., 2004, p. 97.
[14]. The Slavery System in Islam, Abdullah Naseh Alwan, Dar Al Salam, Cairo, 5th ed., 2004, p. 99, with modifications.
[15]. These Are Their Problems, Dr. Saeed Ramadan Al-Bouti, Dar Al Fikr Al Mu’aser, Beirut, 7th ed., 2006, p. 65 ff.
[16]. Encyclopedia of the Family Under the Care of Islam, Attia Saqr, Wahba Library, Cairo, 1st ed., 1424 AH/2003 AD, Vol. 1, p. 445.
Some malicious people claim that Islam encouraged the slave trade, and they prove their claim by permitting the system of concubinage with female slaves, and they also claim that this is an invitation to prostitution and licentiousness.
Two aspects of refuting the doubt:
Concubinage is the taking of a female slave owned by her master for sexual intercourse, and it was known among previous nations, but Islam set conditions for it that guarantee the rights of the female slave and protect her human dignity.
The legal objectives of permitting concubinage with female slaves in Islam are to free them from the slavery of slavery, protect them from falling into immorality, and solve the problem of marriage for those who are unable to afford it. In this way, Islam protects society from loss, dissolution, and the scourge of prostitution and licentiousness.
Details:
First. The meaning of concubinage in language and terminology, and the conditions under which it is carried out in Islam refute this claim:
Concubinage in language: taking a concubine. It is said: A man takes his female slave as a concubine, and he takes her as a concubine and he takes her as a concubine: if he takes her as a concubine, and she is a female slave owned by her master for sexual intercourse, and it is from pleasure; Because she is the source of pleasure for the man; and because he makes her happy, without the rest of his concubines. Concubinage in terminology does not differ from its linguistic meaning.
Concubinage is permissible in Islam according to the Qur’an, the Sunnah, and consensus, if its conditions are met. Allah the Almighty says: “And those who guard their private parts (5) Except from their wives or those their right hands possess, for indeed, they will not be blamed (6)” (Al-Mu’minun). The Prophet, may Allah bless him and grant him peace, took concubines as a concubine, and she bore him his son Ibrahim. Likewise, the Companions, may Allah be pleased with them, took concubines.
This does not mean that Islam is the one who invented this system; it was known to all nations before Islam, and religions knew it before Islam. It was reported that Abraham, peace be upon him, took concubines as concubines, whom the king of Egypt gave to him, and she bore him Ishmael, peace be upon him. It was reported in the Torah that Solomon, peace be upon him, had three hundred concubines. The pre-Islamic Arabs also knew about concubinage [1].
Islam was the first system known to mankind to restrict this matter and set conditions for it that must be fulfilled. In doing so, it restricted one of the greatest sources of slavery.
Among the conditions and restrictions that Islam set for the system of concubinage, which guarantees dignity and many rights for female slaves that they did not obtain in any other legislation other than Islam, are: It
is not permissible to enslave female slaves in wars unless this war is legitimate, i.e. Islam permits it. If it is not, it will not lead to the enslavement of those captured in it.
It is not permissible for a Muslim to satisfy his desire with any female prisoner of war except after the ruler has decided to enslave them.
It is not permissible for a Muslim to satisfy his desire except after she becomes his right hand possession, and the female prisoner is not like that unless she becomes his share of the spoils, or he buys her from someone else if she is owned. After she becomes his property, he is not permitted to touch her except after he has purified her by at least one menstrual cycle to ensure that she is not pregnant. [2]
Therefore, Islam did not leave the matter of concubinage with female slaves absolutely without restrictions as it was before Islam, and it did not leave it to the whims of the soldiers; In order to violate the sanctity of female prisoners and assault them with cruelty and brutality, as happened before Islam, and as happens even now by non-Muslim armies. When we see female prisoners of war in non-Islamic regimes descending into the mire of vice and the swamp of immorality because they have no one to support them, we see female prisoners in the Islamic regime receiving all the rights of wives: care, food, clothing, housing, and protection of their honor.
It is not permissible for anyone other than the owner to enjoy them, even if they are his relatives. This protects them from homelessness and satisfies their sexual needs. Therefore, it can never be said that permitting concubinage in Islam is a type of prostitution, because whoever says this is either ignorant of the meaning of prostitution or of the Islamic law for enjoying concubines. Prostitution is when a man borrows a woman’s body for a fee, which is what is being promoted in Western societies that claim to be civilized now. The differences are very clear between prostitution and the system of concubinage in Islam, which is a type of eliminating prostitution.
Secondly, the legal objectives of permitting concubinage in Islam:
Although Islam permits Muslims to enslave prisoners of war due to urgent necessity, it has called upon them to treat them - in the case of slavery - with the best types of treatment, kindness and goodness, and has prepared the means that will gradually attract them to Muslim society and make them members of it. This is the purpose for which Islam permitted enjoying concubines.
Islam has many wisdoms and benefits behind its permission for concubinage that benefit the entire society, its individuals, and the concubines themselves, which we will list below:
Protecting female prisoners from falling into immorality:
When Islam permitted the system of concubinage, it intended to free them from homelessness and prostitution. While female prisoners of war in non-Islamic regimes would fall into the swamp of immorality, where they often lost their support, and because their masters did not feel any sense of honor or dignity towards them, they would force them to commit adultery.
They would profit from this dirty trade (the trade of honor and the violation of sanctities), but the great, civilized Islam did not accept prostitution, and did not follow this dirty path with female slaves, but rather was concerned about their reputation and morals[3]. For this reason, it limited the enjoyment of these concubines to their masters only, and they were required to feed and clothe them, protect them from immorality, and satisfy their sexual needs.
Protecting society from sexual depravity:
The concubinage system in Islam protects society from sexual chaos and licentiousness. If these female captives are released after the war and after losing their support, they will inevitably look for something to earn a living, and the easiest thing for them is to practice vice. Islam wanted to protect Muslim societies from this chaos and licentiousness by legislating the principle of concubinage.
Solving the problem of marriage for those who are unable to afford it:
For example, if someone is unable to marry a free woman because her dowry is too expensive, he marries a slave woman or a slave girl whom he buys to satisfy his desires through lawful means and protect himself through the possession of the right hand. Allah the Almighty said: “And whoever among you cannot afford to marry free, believing women, then from those whom your right hands possess of your believing girls. And Allah knows best about your faith. You are one from another. So marry them with the permission of their people and give them their due compensation according to what is acceptable.” (An-Nisa’: 25) [4].
Concubinage is a means of freeing slaves:
Islam has permitted men to have intercourse with those whom their right hands possess, so that this would be a means of limiting slaves. Islam has exploited the inclinations of instinct in this regard to eliminate the sources of slavery. In order for this noble human purpose to be achieved in the most perfect and complete manner, Islam has permitted a man to have concubines without being bound by a contract or a number. It has not restricted it to a contract, an offer, or acceptance, because it is a means that leads to the freedom of the slave girl and the freedom of all her offspring until the Day of Judgment. It is not right for it to depend on her opinion and acceptance; rather, her paths should be paved as soon as the master approaches her. [5]
This is also why Islam did not stipulate a specific number, so that the blessing of freedom would include the largest possible number, and to eliminate slavery in the shortest possible time. Islam
has stipulated that a female slave who gives birth to a child from her master will be free, and she will also be free after the death of her master, and she may not be sold during her master’s lifetime, and the heirs may not enslave her. The system of concubinage is therefore one of the greatest systems that lead to the liberation of female slaves in Islam, not encouraging their enslavement as some claim.
Looking at the Islamic system of concubinage; It becomes clear to him at first glance that it is far from prostitution, but rather it is one of the greatest means of eliminating prostitution and sexual immorality in societies. When Islam legislated the system of concubinage, it legislated it to solve a thorny problem that Muslims might face after the war, which is the presence of thousands of female prisoners of the enemy with Muslims, and this enemy did not want to rescue them by paying them ransom, or releasing the Muslim women he had captured in exchange for them. There is no doubt that Muslims are forced to hold them, because just as it is not permissible to imprison them permanently, it is also not permissible to release them in the House of Islam; so that Muslim society is not corrupted and the germs of immorality and debauchery spread in it, on the one hand, and their foreheads are not branded with shame and humiliation forever, on the other hand. Hence, it was necessary to distribute them among the members of the nation, with the command of their masters to enjoy them, and to confine them to themselves only, or to marry them to others so that they do not commit immorality, and take lovers in society, as Islam emphasized the prohibition of masters from forcing their female slaves to commit adultery, as the Almighty says: “And do not compel your girls to prostitution, if they desire chastity, in order to seek the goods of worldly life” (An-Nur: 33) [6].
And the Almighty’s saying: “If they desire chastity” (An-Nur: 33), does not mean that if they do not desire chastity, He compels them to do so, but rather what is meant by it is to explain the reality for which the verse was revealed, which is their compulsion of their female slaves to commit adultery despite their aversion to it, and because compulsion is not conceivable when they are satisfied with adultery and choose it, but rather it is conceivable when they hate it and are not satisfied with it, and because in this expression there is a reproach to them - that is, to the free men who compel their girls - It is as if He - the Almighty - is saying to them: How can you force them into prostitution when they are slave girls who desire chastity and refuse immorality? Would it not have been more appropriate for you and more fitting for your dignity to help them to be chaste and pure, instead of forcing them to commit immorality for the sake of a worldly life? [7]
But if one of them inclines toward immorality, then she will be punished half as much as the free women. God the Almighty said: “But if they commit an immorality, then upon them is half as much as the free women of the punishment” (An-Nisa’: 25); and thus Islam has blocked the path of prostitution and immorality for slave girls, whether they desire it or are forced into it. But is it humane at all to prevent slave girls from a demand of the soul and instincts of nature?! Do they not have the same rights as free women to fulfill these demands?!
Islam has chosen two ways to achieve their natural desires, in an honorable manner, without harming the morals of society, which are:
that their masters marry them to others, and in this regard the Almighty says: “And marry those among you who are single and those of your male slaves and female slaves who are righteous” (An-Nur: 32). Likewise, it has permitted those Muslims who are unable to marry a free woman due to their poverty to marry a female slave for a small dowry, as the Almighty says: “And whoever among you cannot afford to marry free, believing women, then from those whom your right hands possess of your believing girls” (An-Nisa: 25). In this way, the right is transferred from the master to the husband, because by his own will he has transferred his right to someone else for a dowry that he has received[8].
Accordingly, the Qur’anic text has forbidden such chaste female slaves to anyone other than their husbands. God Almighty says: “Marry them with the permission of their people and give them their dowries in a fair manner. They should be chaste, not fornicators or taking paramours.” (An-Nisa’: 25).
The master himself can enjoy them, and this is done in three ways:
The master can enjoy them as his right hand, which is a condition of marriage.
He can free her and then marry her, and consider the freeing as her dowry.
He can free her and then marry her for a new dowry.
The Prophet, may God bless him and grant him peace, preferred the second and third of these ways, and urged Muslims to do them in many hadiths. He, may God bless him and grant him peace, said: “Any man who has a female slave - i.e. a female slave - and teaches her and teaches her well, and disciplines her and disciplines her well, then frees her and marries her - will have two rewards.”[9] The Prophet, may God bless him and grant him peace, says about the third type: “If a man frees his female slave and then marries her for a new dowry, he will have two rewards.” “Two rewards”[10].
The Prophet’s action - may God bless him and grant him peace - supported his statement; the Prophet - may God bless him and grant him peace - married Safiyyah and Juwayriyah - may God be pleased with them - after he had first freed them and then brought them into the realm of marriage[11].
This is the system of concubinage in Islam, confirming - beyond any doubt - the greatness of the divine law, its wisdom, and its knowledge of what is good for the conditions of the servants. Where is this in comparison to other social systems that looked at the nation with a look of humiliation and contempt, with what it was forced into of prostitution, and with what it was swirling in of sinful pleasure and cheap enjoyment in the market of corruption and licentiousness[12].
Today, European and Eastern countries have taken another path in enslaving women; this path can be summed up in the fact that the systems there have permitted prostitution and granted it the protection of the law. So where is the dignity of the prostitute when she has no justification for her behavior?! No one asks for it except for the dirtiest meaning that humanity can descend to. How far from this physical and moral filth is what existed between masters and concubines in Islam?
Islam was frank with itself and with people, saying: This is slavery, and these are concubines, and the limits of their treatment are such and such. However, it did not say that this is the permanent state of humanity, nor the state that befits its dignity in the future. Rather, it is a necessity of war when people become accustomed to enslaving prisoners of war.
The system of concubines that Islam knew fourteen hundred years ago - as a temporary system subject to change - as Professor Muhammad Qutb says about it - is much cleaner than the system that exists in the twentieth century, and modern civilization considers it a progressive system that no one denounces, no one seeks to change, and no one objects to it remaining until the end of life as long as these drives for sex and lusts persist.
Someone might claim that these "absorptionists" of immorality volunteer without being coerced by anyone, and they own their complete freedom. But what kind of freedom is that? Rather, they are in reality slaves of the economic, social, political and moral conditions that pushed them[13] to take up prostitution as a source of income. There is no doubt that European civilization, with its bad conditions and immoral circumstances, is what pushes towards prostitution and approves of it, whether it is official prostitution or amateur prostitution.
This is the real slavery that non-Muslims live: slavery for men and slavery for women, slavery for nations and slavery for races, slavery with multiple sources, renewable resources without urgent necessity, and without pressing need. God forbid, except for the baseness of the West and its indulgence in lusts and pleasures.[14]
Dr. tells us about the ruling and purposes behind permitting concubinage in Islam. Al-Bouti says: “The principle of sexual relations is respected and called for by Sharia, and it is not, as one might think, a shameful matter or a plague that belittles a person and his social value; therefore, the original ruling on it was permissibility, and the prohibition is in exceptional, urgent cases that are summarized in the corruptions we mentioned.
The way in which the Lawgiver fortified this natural relationship against the corruptions that may creep into it is to establish this relationship under the umbrella of a contract that creates a commitment and bearing of the effects and responsibilities. Whenever this contractual connection is achieved in a way that guarantees bearing these responsibilities and fortifies both parties against corruptions and dangers, it is a connection that is acceptable by Sharia.
It is known that both the marriage contract and the system of concubinage are based on these controls, and there is no difference between them in that; the woman in both cases is entrusted to her one man, and the man in both cases is fulfilling his responsibilities towards his wife: whether she is a slave or a wife, and everything he produces from her; its lineage is linked to him, and the one born to him must provide for them all in a good manner, as God Almighty has commanded.
From here, it is known that … The system of concubinage, when it is carried out in a legitimate manner, applying its known rules and regulations, and in the shadow of the slavery declared by the Muslim ruler, is no different from marriage in that it is a sexual relationship that is protected from the corruption and harms that may creep into it.
Finally, the root of the problem is summarized in the following: The Western lunatics in our countries look at the total deviation of Westerners today in all sexual deviations and perversions, and they are not surprised by that, nor do they feel any disgust or denunciation, but rather they support what the Westerners themselves see, that the issue of sex is a personal issue that is due to the freedom and temperament of the individual, and has no effect on the scope of any of the components of civilization or social or economic interests or moral relations.
Even if they look at the history of Islamic civilization and the men of history or Islamic thought, they then place the issue of sex on another scale of evaluation and consideration, as this scale shows them that the sexual relationship as a whole is a disgusting and shameful matter, and therefore the sublimity of human morality requires that man always rise above it and flee from it, and rid himself and his feelings of the remnants of his filth and perceptions.
Through this scale, they look at the men of Islamic history, starting with Muhammad - may God bless him and grant him peace - and all of its scholars, thinkers, leaders, and rulers.
Since they will not find angels or any other creatures distinct from humans in the biography of these men, they must then pursue them with bitter criticism, and repeat the biography of the polytheists who used to say about Muhammad - may God bless him and grant him peace - based on this perspective: “And they said, ‘What is the matter with this Messenger that he eats food and walks in the markets?’” (Al-Furqan: 7)?!
As long as the view of the followers of the West falters between excessive disdain for sex and its perversions, when they turn their faces towards the Western world, and excessive disapproval of it and considering it a bad mark on human relations whenever they turn their eyes to their Arab and Islamic history, then the root of these ridiculous objections will not be cut off, and it is natural that it will not be cut off.
However, it is very important to mention here the moderation that distinguishes Islam, which God made a fortress that protects Muslims who are aware of their Islam from straying in any intellectual or behavioral issue, to either of the two edges of exaggeration or “Excessiveness”[15].
Conclusion:
Concubinage is the taking of a female slave for sexual intercourse by her master. Concubinage - in this sense - was known in all previous nations before Islam, and some prophets such as Abraham and Solomon, peace be upon them, did the same. Islam approved this system and permitted it in the Qur’an, Sunnah, and consensus, but with special conditions that guarantee the slave girl her rights and protect her human dignity. Islam
had many wisdoms and interests in permitting the system of concubinage with female slaves, the most important of which are: protecting female captives from homelessness and falling into immorality, protecting society from sexual depravity and licentiousness, and solving the problem of marriage for those who are unable to afford it. Concubinage is itself a means of freeing slaves.
The system of concubinage in Islam is one of the greatest means of eliminating prostitution and whoring in societies. It is much cleaner than the system that is based in the West on permitting prostitution and granting it the protection of the law.
Islam permitted the captivity of women and enjoying them in order to protect them from loss. Because their husbands or guardians are combatants, some of whom have died or lost contact with them after their capture, and it is not in the interest of returning them to their countries, as they may not find their husbands or anyone to support them and may be exposed to harm. It cannot be said: Let it be so and her sin is on her people, because Islamic warfare takes into account humane meanings despite the enmity of religion. However, enjoying the female captive is a means to her freedom, because if she becomes pregnant by her owner who is her master, she is freed after his death, and her child is free. This is the secret of allowing enjoyment of them without number, because it is a path to their freedom and the freedom of their children[16].
(*) Islam in the Face of Contemporary Challenges, Abu Al-A’la Al-Mawdudi, translated by: Khalil Ahmed Al-Hamidi, Dar Al-Qalam, Kuwait, 4th ed., 1400 AH/1980 AD.
[1]. The Encyclopedia of Jurisprudence, Ministry of Endowments and Islamic Affairs, Kuwait, 1st ed., 1409 AH/1988 AD, Vol. 11, p. 297.
[2]. The Tolerance of Islam, Dr. Omar bin Abdul Aziz Qurayshi, Al-Adeeb Library, Saudi Arabia, Golden Library for Publishing and Translation, Egypt, 1st ed., 1424 AH/2003 AD, p. 362.
[3]. The Tolerance of Islam, Dr. Omar bin Abdul Aziz Qurayshi, Al-Adeeb Library, Saudi Arabia, Golden Library for Publishing and Translation, Egypt, 1st ed., 1424 AH/2003 AD, p. 362.
[4]. The Slavery System in Islam, Abdullah Naseh Alwan, Dar Al-Salam, Cairo, 5th ed., 2004 AD, p. 75.
[5]. His Eminence of Islam, Dr. Omar bin Abdul Aziz Qurayshi, Al-Adeeb Library, Saudi Arabia, Golden Library for Publishing and Translation, Egypt, 1st ed., 1424 AH/2003 AD, p. 364.
[6]. His Eminence of Islam, Dr. Omar bin Abdul Aziz Qurayshi, Al-Adeeb Library, Saudi Arabia, Golden Library for Publishing and Translation, Egypt, 1st ed., 1424 AH/2003 AD, p. 365, with some modifications.
[7]. Al-Wasit Interpretation of the Holy Quran, Dr. Muhammad Sayyid Tantawi, Al-Saada Press, Cairo, 1405 AH/1985 AD, Vol. 10, p. 73.
[8]. His Eminence of Islam, Dr. Omar bin Abdul Aziz Qurayshi, Al-Adeeb Library, Saudi Arabia, Golden Library for Publishing and Translation, Egypt, 1st ed., 1424 AH/2003 AD, p. 366.
[9]. Narrated by Al-Bukhari in his Sahih, Book of Marriage, Chapter on Taking Concubines and Who Emancipates His Female Slave and Then Marries Her (4795), and in other places, and by Muslim in his Sahih, Book of Marriage, Chapter on the Virtue of Emancipating His Female Slave and Then Marrying Her (3570).
[10]. Its chain of transmission is authentic: It was narrated by Al-Tayalisi in his Musnad, Musnad of Abu Burdah bin Abi Musa on the authority of his father, may God be pleased with him (501), and by Ahmad in his Musnad, Musnad of the Kufians, Hadith of Abu Musa Al-Ash’ari, may God be pleased with him (19673), and its chain of transmission was authenticated by Al-Arna’ut in his Commentaries on Musnad Ahmad (19673).
[11]. Samahat Al-Islam, Dr. Omar bin Abdul Aziz Qurayshi, Al-Adib Library, Saudi Arabia, Golden Library for Publishing and Translation, Egypt, 1st ed., 1424 AH/2003 AD, p. 367.
[12]. The Slavery System in Islam, Abdullah Naseh Alwan, Dar Al Salam, Cairo, 5th ed., 2004, p. 96.
[13]. The Slavery System in Islam, Abdullah Naseh Alwan, Dar Al Salam, Cairo, 5th ed., 2004, p. 97.
[14]. The Slavery System in Islam, Abdullah Naseh Alwan, Dar Al Salam, Cairo, 5th ed., 2004, p. 99, with modifications.
[15]. These Are Their Problems, Dr. Saeed Ramadan Al-Bouti, Dar Al Fikr Al Mu’aser, Beirut, 7th ed., 2006, p. 65 ff.
[16]. Encyclopedia of the Family Under the Care of Islam, Attia Saqr, Wahba Library, Cairo, 1st ed., 1424 AH/2003 AD, Vol. 1, p. 445.
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