Question: A man can have sex with prisoners of war?
Example: 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."
Qur'an 33:50
Answer:
Quran: [4:3], [4:24], [23:5-6], [33:50], [70:29-31]
In all of these verses, the striking point for the people who try to malign Islam is "what right hand possesses/captives" based on which they develop many illusive hypothesis.
Now why 'Wives' and 'Captives' are used separately?
Its because the Captives of war may be married, but their status is different to that of free wives. Then what is the evidence that these captives were taken into marriage bond before going to any sexual relationship?
It can be understood from the following hadiths.
"Narrated By Anas: Amongst the captives was Safiya. First she was given to Dihya Al-Kalbi and then to the Prophet."
(Vol 3, Book 34. Sales And Trade. Hadith 431. Shahi Bukhari)
"Narrated By Anas: The Prophet stayed for three nights between Khaibar
and Medina and was married to Safiya. I invited the Muslim to his marriage banquet and there was neither meat nor bread in that banquet but the Prophet ordered Bilal to spread the leather mats on which dates, dried yogurt and butter were put. The Muslims said amongst themselves, "Will she (i.e. Safiya) be one of the mothers of the believers, (i.e. one of the wives of the Prophet) or just (a lady CAPTIVE) of what his RIGHT HAND POSSESSES" Some of them said, "If the Prophet makes her observe the veil, then she will be one of the mothers of the believers (i.e. one of the Prophet's wives), and if he does not make her observe the veil, then she will be his lady slave." So when he departed, he made a place for her behind him (on his and made her observe the veil."
(Vol 5, Book 59. Military Expeditions Led By The ....Hadith 524. Shahi Bukhari)
If we observe these two hadiths, we can see that Safiya (R) was a female captive, when she was given to the prophet(pbuh), the prophet married her. You can see in the second hadith, even after the marriage, the invited muslims were not sure whether Safiya (R) was going to be considered as one of the prophet's wives, or just (a lady CAPTIVE) of what his right-hand possesses (these words are mentioned many times in the Holy Quran).
From this, there remains no doubt that there are at least two status of the married women, one group is considered as the wives (married from the free women), the others are the married captives/what right hand posses.
and The holy Quran says..
"If any of you have not the means wherewith to wed free believing women, they may wed believing girls from among those whom your right hands possess: And Allah hath full knowledge about your faith." (4:25)
This verse is clear-cut......If any one cant afford to marry a free believing women, they can marry from those whom their right hands possess. If it is permissible to have sex without marriage with the what right hand possesses, it isn't necessary to support marrying them.
Vol 3, Book 50. Conditions. Hadith 882. (Shahi Bukhari)
Narrated By Uqba bin Amir: Allah's Apostle said, "From among all the conditions which you have to fulfill, the conditions which make it legal for you to have sexual relations (i.e. the marriage contract) have the greatest right to be fulfilled."
Slaves: According to Islam
Islam Recognizes The Existence Of Slavery And Propagates Its Emancipation.
16:71 Allah has bestowed His gifts of sustenance more freely on some of you than on others; those more favored are not going to throw back their gifts to those whom their right hands possess so as to be equal in that respect. Will they then deny the favors of Allah?
Difference Between Slaves And Prisoners.
To better understand slavery in todays world is to compare it with the case of prisoners in jail. Islam gives slaves the equal or better right on food .while prisoners are not treated with such care.Equal clothing for slaves as of the masters is commanded, Prisoners do not get such treatment.Slaves can earn their freedom but prisoners cannot. Slaves can marry & start a family but prisoners cannot start a family. Slaves can have property but prisoners cannot have property. A master can sell the slave to another person but he should not separate families but a prisoner is separated from his family. hence keeping a slave can become burden on Islamic state, this is a subtle way of discouraging slavery.
Further Reason For Both Freeing Slaves & Enslavery.
1. In the early Makkan period, it pronounced that slave emancipation was a great deed of piety. The very initial Makkan surahs appealed to the Muslims to liberate as many slaves as they could.
2. The Prophet (sws), unequivocally, directed the Muslims to raise the standard of living of the slaves and bring it equal to their own standard. This, of course, was meant to discourage people from persisting with them.
3. For the atonement of many sins manumission of Muslim slaves was divinely ordained.
4. All slave men and women who could support themselves in the society were directed to marry one another, in order to raise their moral and social status.
5. A permanent head in the public treasury was fixed to set free slave men and women.
6. Prostitution, which was largely carried out through slave women, who were mostly forced by their masters do so, was totally prohibited.
7. The affronting names of ‘abd (slave-man) and amah (slave-woman) by which slave men and women were called, were abrogated so that people should stop regarding them as slaves. In their place, the words fata (boy) and fatat (girl) were introduced.
8. Finally, the law of mukatibat provided very easy access for the slaves to the gateway to freedom. Every slave who was capable of supporting himself was allowed by law to free himself, provided that he/she either gave a certain monetary amount to his master or carried out certain errands for him. After this, he/she could live as a free man/woman. A special head in the treasury was fixed for this purpose; also, wealthy people were urged to help the slaves in this regard. The net result of this law was that only handicapped and old slaves were left to be provided for by their masters, which not only went in their own favour but also prevented them from becoming an economic burden on the society.
FOUR OPTIONS
1. SLEW/KILL
OR
2. IMPRISON/ENSLAVE
33:26 And those of the people of the Book who aided them Allah did take them down from their strongholds and cast terror into their hearts (so that) some ye slew and some ye made prisoners.
*Note:Prisoners release is possible either by ransom,freeing by favour.But if they are enslaved then if they want freedom then they’ll have to buy it by making a contract where in a specified amount has to be paid by the slave to the master.The slave will be permitted to earn & save money .
3. GENEROSITY/FREE OR 4.RANSOM
47:4 Therefore, when ye meet the Unbelievers (in fight), smite at their necks; At length, when ye have thoroughly subdued them, bind a bond firmly (on them): thereafter (is the time for) either generosity or ransom: Until the war lays down its burdens. Thus (are ye commanded): but if it had been Allah.s Will, He could certainly have exacted retribution from them (Himself); but (He lets you fight) in order to test you, some with others. But those who are slain in the Way of Allah,- He will never let their deeds be lost.
Slaves will be treated according to their conduct because they come from the enemy camp.
8:70 O apostle! say to those who are captives in your hands: "If Allah findeth any good in your hearts He will give you something better than what has been taken from you and He will forgive you: for Allah is Oft-Forgiving Most Merciful."
8:71 But if they have treacherous designs against thee (o apostle!) they have already been in treason against Allah and so hath He given (thee) power over them and Allah is He who hath (full) knowledge and wisdom.
*Note:The captives can either remain slaves or freed.The decision is solely made by the khalifah/chief.
8:67 It is not fitting for an apostle that he should have prisoners of war until he hath thoroughly subdued the land. Ye look for the temporal goods of this world; but Allah looketh to the hereafter; and Allah is Exalted in might Wise.
[Taking prisoners of war/slaves is permitted after subduding the land.]
A Deed In Writing (to enable them to earn their freedom for a certain sum)
24:33 Let those who find not the wherewithal for marriage keep themselves chaste until Allah gives them means out of His grace. And if any of your slaves ask for a deed in writing (to enable them to earn their freedom for a certain sum) give them such a deed if ye know any good in them; yea give them something yourselves out of the means which Allah has given to you. But force not your maids to prostitution when they desire chastity in order that ye may make a gain in the goods of this life. But if anyone compels them yet after such compulsion is Allah Oft-Forgiving Most Merciful (to them).
Human rights for slaves:
76:8 And they feed for the love of Allah the indigent the orphan and the captive.
*Note:[Allah loves muslims who are good to indigents,orphans,captives]
4:36 Serve Allah and join not any partners with Him: and do good to parents kinsfolk orphans those in need neighbors who are near neighbors who are strangers the companion by your side the way-farer (ye meet) and what your right hands possess: for Allah loveth not the arrogant the vainglorious;
50:8 Have We not made for him a pair of eyes?
9 And a tongue and a pair of lips?
10 And shown him the two highways?
11 But he hath made no haste on the path that is steep.
12 And what will explain to thee the path that is steep?
13 (It is:) freeing the bondman;
14 Or the giving of food in a day of privation
15 To the orphan with claims of relationship
16 Or to the indigent (down) in the dust.
17 Then will he be of those who believe and enjoin patience (constancy and self-restraint) and enjoin deeds of kindness and compassion.
Freeing of Slaves Is Given Great Importance As Expiation Of Sins:
4:92 Never should a believer kill a believer; but (if it so happens) by mistake (compensation is due): if one (so) kills a believer it is ordained that he should free a believing slave and pay compensation to the deceased's family unless they remit it freely. If the deceased belonged to a people at war with you and he was a believer the freeing of a believing slave (is enough). If he belonged to a people with whom ye have a treaty of mutual alliance compensation should be paid to his family and a believing slave be freed. For those who find this beyond their means (is prescribed) a fast for two months running: by way of repentance to Allah: for Allah hath all knowledge and all wisdom.
Note:
(a) If by a believer by mistake kills another believer then free a believing slave & compensation to deseased family unless they remit it.
(b) If the deceased belonged to a people at war with you and he was a believer the freeing of a believing slave (is enough).
(c) If he belonged to a people with whom ye have a treaty of mutual alliance compensation should be paid to his family and a believing slave be freed.
(d) For those who find this beyond their means (is prescribed) a fast for two months running:
5:88 Eat of the things which Allah hath provided for you lawful and good: but fear Allah in Whom ye believe.
5:89 Allah will not call you to account for what is futile in your oaths but He will call you to account for your deliberate oaths: for expiation feed then indigent persons on a scale of the average for the food of your families; or clothe them; or give a slave his freedom. If that is beyond your means fast for three days. That is the expiation for the oaths ye have sworn. But keep to your oaths. Thus doth Allah make clear to you His Signs that ye may be grateful.
*Note:[Freeing of slave]
58:2 If any men among you divorce their wives by Zihar (calling them mothers) they cannot be their mothers: none can be their mothers except those who gave them birth. And in fact they use words (both) iniquitous and false: but truly Allah is one that blots out (sins) and forgives (again and again).
58:3 But those who divorce their wives by Zihar then wish to go back on the words they uttered (it is ordained that such a one) should free a slave before they touch each other: this are ye admonished to perform: and Allah is well-acquainted with (all) that ye do.
*Note:[Freeing of slave]
2:177 It is not righteousness that ye turn your faces Towards east or West; but it is righteousness- to believe in Allah and the Last Day, and the Angels, and the Book, and the Messengers; to spend of your substance, out of love for Him, for your kin, for orphans, for the needy, for the wayfarer, for those who ask, and for the ransom of slaves; to be steadfast in prayer, and practice regular charity; to fulfil the contracts which ye have made; and to be firm and patient, in pain (or suffering) and adversity, and throughout all periods of panic. Such are the people of truth, the Allah-fearing.
Forbidden to inherit women against their will:
4:19 O ye who believe! ye are forbidden to inherit women against their will. Nor should ye treat them with harshness that ye may take away part of the dower ye have given them except where they have been guilty of open lewdness; on the contrary live with them on a footing of kindness and equity. If ye take a dislike to them it may be that ye dislike a thing and Allah brings about through it a great deal of good.
*Note:[Its forbidden to inherit women against their will,whether freewomen or slave women,a slave woman can earn her freedom for a specified amount by mutual consultation between the slave and the master].
Force not your maids to prostitution
24:33 Let those who find not the wherewithal for marriage keep themselves chaste until Allah gives them means out of His grace. And if any of your slaves ask for a deed in writing (to enable them to earn their freedom for a certain sum) give them such a deed if ye know any good in them; yea give them something yourselves out of the means which Allah has given to you. But force not your maids to prostitution when they desire chastity in order that ye may make a gain in the goods of this life. But if anyone compels them yet after such compulsion is Allah Oft-Forgiving Most Merciful (to them).
*Note:[With this verse its clear that none can force their slave girls into prostitution but if anyone compels them then even after such compulsion Allah subhanawatala is forgiving to such women.
Give Priority To Marry Believing Slaves
4:25 If any of you have not the means wherewith to wed free believing women they may wed believing girls from among those whom your right hands possess: and Allah hath full knowledge about your faith. Ye are one from another: wed them with the leave of their owners and give them their dowers according to what is reasonable: they should be chaste not lustful nor taking paramours: when they are taken in wedlock if they fall into shame their punishment is half that for free women. This (permission) is for those among you who fear sin; but it is better for you that ye practice self-restraint: and Allah is Oft-forgiving Most Merciful.
*note:[Ye are one from another means these captive/slaves are not low category ,they are common people,so they are not to be considered of low category or inferior.Marrying them is allowed.Just because they are slaves & do not have freedom they shall not be subjected to debasement ,if they fall into shame(adultery) their punishment half of the punishment of freeperson.
Slaves As Servants
24:58 O ye who believe! let those whom your right hands possess and the (children) among you who have not come of age ask your permission (before they come to your presence) on three occasions before morning prayer; the while ye doff your clothes for the noonday heat; and after the late-night prayer: these are your three times of undress: outside those times it is not wrong for you or for them to move about attending to each other: thus does Allah make clear the Signs to you: for Allah is full of knowledge and wisdom.
*Note:[The slaves or right hand posses are working ,doing household work]
Human Rights
Give away families together
Al-Tirmidhi HadithHadith 3373 Narrated byAbdullah ibn Mas'ud
When captives were brought to the Prophet (peace be upon him) he gave away families together through dislike of separating them.
Ibn Majah transmitted it.
Sahih Al-Bukhari HadithHadith 7.552 Narrated byAbu Muisa Al Ashari
The Prophet said, "Feed the hungry, visit the sick, and set free the captives."
Sahih Al-Bukhari HadithHadith 7.103 Narrated byAbu Musa
The Prophet said, "Set the captives free, accept the invitation (to a wedding banquet), and visit the patients."
Sunan of Abu-DawoodHadith 2899 Narrated byAbdullah ibn Abbas
A man died leaving no heir but a slave whom he had emancipated. The Apostle of Allah (peace be upon him) asked: Has he any heir? They replied: No, except a slave whom he had emancipated. The Apostle of Allah (peace be upon him) assigned his estate to him (the emancipated slave).
Sahih Al-Bukhari HadithHadith 8.841 Narrated byAbu Huraira
I heard Abu-l-Qasim (the Prophet) saying, "If somebody slanders his slave and the slave is free from what he says, he will be flogged on the Day of Resurrection unless the slave is really as he has described him."
Sahih Muslim HadithHadith 4081 Narrated byMu'awiyah ibn Suwayd
I slapped a slave belonging to us and then fled away. I came back just before noon and offered prayer behind my father. He called him (the slave) and me and said: Do as he has done to you. He granted pardon. He (my father) then said: We belonged to the family of Muqarrin during the lifetime of Allah's Messenger (peace be upon him), and had only one slave girl and one of us slapped her. This news reached Allah's Apostle (peace be upon him) and he said: Set her free. They (the members of the family) said: There is no other servant except she. Thereupon he said: Then employ her and when you can afford to dispense with her services, then set her free.
Sunan of Abu-DawoodHadith 2946 Narrated byAisha, Ummul Mu'minin
The Prophet (peace be upon him) was brought a pouch containing bead and divided it among free women and slave women. Aisha said: My father used to divide things between free men and slave.
Sunan of Abu-DawoodHadith 4501 Narrated bySamurah
The Prophet (peace be upon him) Said: If anyone kills his slave, we shall kill him, and if anyone cuts off the nose of his slave, we shall cut off his nose.
Sahih Muslim HadithHadith 4086 Narrated byAbuMas'ud al-Ansari
I was beating my slave with a whip when I heard a voice behind me: Understand,
AbuMas'ud; but I did not recognise the voice due to intense anger. He (AbuMas'ud) reported: As he came near me (I found) that he was the Messenger of Allah (peace be upon him) and he was saying: Bear in mind, AbuMas'ud, bear in mind, AbuMas'ud. He
(AbuMas'ud) said: I threw the whip from my hand. Thereupon he (the Prophet) said: Bear in mind, AbuMas'ud; verily Allah has more dominance upon you than you have upon your slave. I (then) said: I would never beat my servant in future.
Sahih Al-Bukhari HadithHadith 3.731 Narrated byAbu Huraira and Zaid bin Khalid
The Prophet said, "If a slave-girl (Ama) commits illegal sexual intercourse, scourge her; if she does it again, scourge her again; if she repeats it, scourge her again." The narrator added that on the third or the fourth offense, the Prophet said, "Sell her even for a hair rope."
Sahih Al-Bukhari HadithHadith 1.29 Narrated byAl Marur
At Ar-Rabadha I met Abu Dhar who was wearing a cloak, and his slave, too, was wearing a similar one. I asked about the reason for it. He replied, "I abused a person by calling his mother with bad names." The Prophet said to me, 'O Abu Dhar! Did you abuse him by calling his mother with bad names? You still have some characteristics of ignorance. Your slaves are your brothers and Allah has put them under your command. So whoever has a brother under his command should feed him of what he eats and dress him of what he wears. Do not ask them (slaves) to do things beyond their capacity (power) and if you do so, then help them.' "
Sahih Muslim HadithHadith 4095 Narrated byAbuHurayrah
Allah's Messenger (peace be upon him) said: It is essential to feed the slave, clothe him (properly) and not burden him with work which is beyond his power.
Sahih Al-Bukhari Hadith
Hadith 7.137
Narrated byAbu Said Al Khudri We got female captives in the war booty and we used to do coitus interruptus with them. So we asked Allah's Apostle about it and he said, "Do you really do that?" repeating the question thrice, "There is no soul that is destined to exist but will come into existence, till the Day of Resurrection."
WITH THIS...Together with human dignity and honor comes freedom to live, the right to be respected on an equal basis before the law and to enjoy equal social treatment.
Islam (Submission) stresses the equality of mankind as God created man from a common source and the only allegiance and obedience is to God, the Almighty creator. Islam has never condoned any form of discrimination. The only thing that sets men apart is their righteousness.
Slaves:
First of all, Islam was never in favor of the institution of slavery. It never promoted it. Islam accepted slavery as a social vice and gave directives for its gradual removal and ultimate extinction. Now after centuries, the world is ultimately freed of this social evil. Islam made its contributions to free the world of it. I would, therefore, say that under the present circumstances it is completely prohibited and against the teachings of Islam to take any action that may, directly or indirectly, once again seek to lay the foundations of or to promote this institution.
Question against intimacy with slave girls and NIKKAH
The wisdom underlying the permission granted by Shariat to copulate with a slave woman is as follows: The LEGAL possession that a Muslim receives over a slave woman from the "Ameerul-Mu'mineen" (the Islamic Head of State) gives him legal credence to have coition with the slave woman in his possession, just as the marriage ceremony gives him legal credence to have coition with his wife. In other words, this LEGAL POSSESSION is, in effect, a SUBSTITUTE of the MARRIAGE CEREMONY. A free woman cannot be 'possessed', bought or sold like other possessions; therefore Shariat instituted a 'marriage ceremony' in which affirmation and consent takes place, which gives a man the right to copulate with her. On the other hand, a slave girl can be possessed and even bought and sold, thus, this right of possession, substituting as a marriage ceremony, entitles the owner to copulate with her.
In short, permission to have intercourse with a slave woman was not something barbaric or uncivilised; on the contrary, it was almost as good as a marriage ceremony. In fact, possession of a slave woman resembles a marriage ceremony in many ways and both have a lot in common with each other. One similarity is this that just as a free woman cannot have two husbands simultaneously, a slave woman cannot be used for intercourse by two owners. Another similarity is that a free woman whose marriage is on the rocks, cannot marry another man until her previous marriage is nullified through divorce, etc. Due to the discrepancies between husband and wife, the marriage sometimes reaches a stage where it becomes virtually impossible for the couple to live as man and wife with the result that divorce is brought into force to nullify marriage ties. Similarly, if a slave woman was married previously in enemy territory to a non-Muslim, and is then captured alone, i.e. without her husband, it is not permissible for any Muslim to have relations with her until her previous marriage is nullified, and that is done by bringing her to an Islamic country and making her the legal possession of a Muslim. Bringing her into Islamic territory necessitates the rendering of her previous marriage as null and void by Islamic law because with her husband in enemy territory and she in Islamic territory, it becomes virtually impossible for them to meet and live as man and wife. That is why it is not permissible to have intercourse with a woman whose husband is also taken into captivity and put into slavery with her. Another resemblance between the two is that, just as a divorcee has to spend a period called "Iddat" before another man is allowed to marry her, similarly, a slave woman has to spend a period called "Istibraa" before her owner can have coition with her.
Another similarity between marriage and possession of a slave woman is that just as the wife becomes a dependant of the husband and he has to provide a home, food and clothing for her, a slave woman also becomes a dependant of her owner and he has to provide a home, food and clothing for her. Yet another similarity is this that just as marriage makes the close relatives of the wife Haraam upon the husband; i.e. he cannot get married to his wife's mother, grandmother, sister, etc., similarly if a man has copulated with a slave woman the slave woman's close relatives also become Haraam upon the owner. With all these similarities it does not make sense to regard copulation with a slave woman distasteful whilst copulation with one's wife is not regarded as distasteful.
A question that may still arise is that why does the owner of a slave woman not marry her before having relations with her? Well, this is impracticable because of a few intricate technicalities. Firstly, we know that a man has to give "Mahr" (dower-money) to his bride. The Holy Quran says:-
"And allowed unto you is whatsoever is beyond that, so that ye may seek them with your substance (i.e. with your dower-money). " - (4:24).
Thus, "Mahr" is a conditional prerequisite of Nikah. If a man has to marry his slave woman, it would not be possible for him to abide by this condition of 'Mahr' because by Islamic law, a slave does not have rights over any property, i.e. she cannot own anything. In fact, whatever she has with her too, i.e. her clothing, etc., is all regarded as the property of her owner. Therefore, If he gets married to his slave girl and gives her the 'Mahr' she cannot become the owner of it because she has no right of ownership. The 'Mahr' would bounce back to the owner of the slave girl and it would tantamount to giving the 'mahr' to himself. Hence, the owner would become the payer as well as the PAYEE of the 'mahr' which would only result in the mockery of the whole system of 'mahr'. It would be absolutely superflous to have such a marriage ceremony performed that makes a mockery of the 'mahr' system. Hence, the owner cannot get married to her while she remains a slave girl. However, if he sets her free, then he can get married to her on the basis of her having become a liberated woman.
Although the owner himself cannot get married to his slave woman, without giving her freedom, he can get her married to someone else. If he gets her married to someone else, then only her husband can now have intercourse with her and the owner's right of having intercourse with her comes to an end. All these facts prove that the slave girl does not become an instrument of sex; on the contrary, her honour is upheld, in that only one man is allowed to have intercourse with her JUST AS only one man (the husband) is allowed to have intercourse with his lawfully wedded wife.
Islam ensured that the slave girl's duties were not restricted merely to domestic chores but also gave her master permission to copulate with her. This concession created an atmosphere of love and harmony between the slave girl and her master. Islam thereby raised the status of the war captive-maidens close to that of wives. It was a psychological cure to her grief-stricken heart, being deprived of her family and thrown into the hands of a strange society.
Over and above all this, History will show that Islam did not encourage slavery but rather encouraged moves towards the extirpation of slavery. Rasulullah Sallallahu Alayhi Wasallam has said something to this effect in a Hadith, that: "Whosoever freed a Muslim slave, the Lord would redeem all his limbs - in compensation for each limb of the slave, so much so that the private parts for the private parts - from the Fire of Hell.
"If a slave woman becomes pregnant from her owner, and delivers his child, she automatically gets her freedom after the death of her master whose child she gave birth to.
One question that still remains is whether slavery still legally prevails anywhere in the Islamic world and whether it can be successfully implemented in this age. Well, there is no prevalence of lawful slavery in the Islamic world today and it would be difficult to implement it because of the stringent conditions attached to it. Firstly, the prisoners have to be captured in 'Jihaad' in the true sense of the word. Then again, If true 'Jihaad' did break out somewhere, there are still a number of other laws and conditions to abide by which are far too stringent for any Islamic country in the world to abide by in this time and age when people's personal gains and whims and desire are being given preference to over Islamic Law. According to Islamic Law, captive female prisoners are also part and parcel of the booty. One fifth of the booty has to be first distributed to the needy, orphans, etc. The remaining four-fifths should then be distributed among the soldiers who participated in the war. The distribution can only take effect after the booty is brought into Islamic territory. The Ameerul-Mu'mineen (Head of the Islamic State) remains the guardian of the female prisoners until he allocates them to the soldiers. Only after a soldier has been allotted a slave girl, and made the owner of her, will she become his lawful possession. After she spends a period called 'Istibraa', which is the elapse of one menstrual period, It becomes permissible for her owner to have relations with her. After possession of the slave too there are a number of other laws that affect the master and slave. There is hardly any Islamic country today that can abide to all these conditions, with the result that it is quite difficult to implement slavery in this time and age.
The subject of slavery in Islam is quite comprehensive and there are many laws that pertain to slaves which the Jurisprudents of Islam have outlined
Question: Why God in the Quran did not prohibit slavery and instead commanded and rewarded the freeing of the slaves?
Answer: God, The Almighty, knows that slavery is a social disease that will persist as long as humans are present on earth. If the order in the Quran is to prohibit slavery, it would be a noble command but since ONLY the believers in the Quran would be the ones following the Quran, the command would not help slavery outside Islam (Submission.) Every Muslim would then free his slaves and remind the other Muslims not to have slaves any more and their duty stop at that. The command in the Quran to FREE THE SLAVES, does not stop at the Muslims or Islam but extend to all the slaves wherever they are. A muslim (Submitter) would therefore free any slaves he might have had and after that turns to any other slaves in any location and of any religion to free, as commanded by God in the Quran. In other words, the command to free the slaves is far more reaching and far more effective than the mere order to stop having slaves.
Sex Slavery:
First thing is that no slavery systems in this world, now a days.
And second thing is that there is no concept of Sex Slavery. Sex with slaves allowed only after marriage ceremony.
Question against intimacy with slave girls and NIKKAH
The wisdom underlying the permission granted by Shariat to copulate with a slave woman is as follows: The LEGAL possession that a Muslim receives over a slave woman from the "Ameerul-Mu'mineen" (the Islamic Head of State) gives him legal credence to have coition with the slave woman in his possession, just as the marriage ceremony gives him legal credence to have coition with his wife. In other words, this LEGAL POSSESSION is, in effect, a SUBSTITUTE of the MARRIAGE CEREMONY. A free woman cannot be 'possessed', bought or sold like other possessions; therefore Shariat instituted a 'marriage ceremony' in which affirmation and consent takes place, which gives a man the right to copulate with her. On the other hand, a slave girl can be possessed and even bought and sold, thus, this right of possession, substituting as a marriage ceremony, entitles the owner to copulate with her.
So now you tell me Sex with wife is unlawful?
It didn't mention anywhere in all above post that slavery system is a good practice according to Islamic law.
Slavery is a very old practice that was gradually abolished in Islam. Many people out of ignorance or out of biased attack Islam for its stand on slavery, distorting and misrepresenting the true stand of Islam. In this article we will see the great humane position of Islam on slavery.
The central issue of slavery and equality is the concept of human dignity. In Islam, God has conferred honor and dignity on all human beings irrespective of their race, gender, age, social status and beliefs.
The provision of slavery through wars was no longer important after the Islamic civilization redefined the mode of interaction between nations -- from power struggle to peaceful and productive coexistence. Indirectly but effectively Islam has closed this source of slavery.
Islam opened all the doors to free the slaves by setting up rules which greatly facilitated the emancipation of slaves:
The initiative of Islam in promoting independence for slaves was carried out in the following ways:
1-----> Encouraging the masters and the Muslim societies at large to help in freeing the slaves. The act of freeing the slave is considered a noble one which is highly valued by God. The slaves themselves entered into an agreement with the master to buy their independence by paying certain amounts of money. The society was encouraged to help in providing the freedom money.
[24:33] “Those who cannot afford to get married shall maintain morality until GOD provides for them from His grace. Those among your servants who wish to be freed in order to marry, you shall grant them their wish, once you realize that they are honest. And give them from GOD's money that He has bestowed upon you. ………”
2-----> Making the act of freeing the slave a part of punishment for any criminal act as well as for non-conformity of the Islamic rituals. There are several verses in the Holy Quran which specifically mentioned the requirement of freeing the slave as a way of meeting the punishment for wrongdoing. See 4:92, 5:89 and 58:3
3-----> Using Charity money as a financial source to free the slave.
[9:60] Charities shall go to the poor, the needy, the workers who collect them, the new converts, to free the slaves, to those burdened by sudden expenses, in the cause of GOD, and to the traveling alien. Such is GOD's commandment. GOD is Omniscient, Most Wise.
[2:177] “Righteousness is not turning your faces towards the east or the west. Righteous are those who believe in GOD, the Last Day, the angels, the scripture, and the prophets; and they give the money, cheerfully, to the relatives, the orphans, the needy, the traveling alien, the beggars, and to free the slaves; and they observe the Contact Prayers (Salat) and give the obligatory charity (Zakat); and they keep their word whenever they make a promise; and they steadfastly persevere in the face of persecution, hardship, and war. These are the truthful; these are the righteous.”
[90:10-13] Did we not show him the two paths? He should choose the difficult path. Which one is the difficult path? The freeing of slaves.
Finally we can say that Islam found the slavery system already existing and put forward a plan to abolish it.
To manumit a slave is highly meritorious:
To manumit [free] a slave is highly meritorious; the slave can ransom himself by paying some of the money he has earned while conducting his own business.
Only children of slaves or prisoners of war can become slaves; therefore slavery is theoretically doomed to disappear with the expansion of Islam.
As I've mentioned above that provision of slavery through wars was no longer important after the Islamic civilization redefined the mode of interaction between nations -- from power struggle to peaceful and productive coexistence. Indirectly but effectively Islam has closed this source of slavery.
The entire history of Islam proves that slaves could occupy any office, and many former military slaves, usually recruited from among the Central Asian Turks, became military leaders and often even rulers as in eastern Iran, India (the Slave Dynasty of Delhi), and medieval Egypt (the Mamluks). Eunuchs too served in important capacities, not only as the guardians of the women's quarters, but also in high administrative and military positions.
The Prophet (sws), unequivocally, directed the Muslims to raise the standard of living of the slaves and bring it equal to their own standard. This, of course, was meant to discourage people from persisting with them.
The law of mukatibat provided very easy access for the slaves to the gateway to freedom. Every slave who was capable of supporting himself was allowed by law to free himself, provided that he/she either gave a certain monetary amount to his master or carried out certain errands for him. After this, he/she could live as a free man/woman. A special head in the treasury was fixed for this purpose; also, wealthy people were urged to help the slaves in this regard. The net result of this law was that only handicapped and old slaves were left to be provided for by their masters, which not only went in their own favour but also prevented them from becoming an economic burden on the society.
Islam preaches about freeing of slaves.
The Noble Qur'ân Al-Baqarah 2:177
It is not Al-Birr (piety, righteousness, and each and every act of obedience to Allâh, etc.) that you turn your faces towards east and (or) west (in prayers); but Al-Birr is (the quality of) the one who believes in Allâh, the Last Day, the Angels, the Book, the Prophets and gives his wealth, in spite of love for it, to the kinsfolk, to the orphans, and to Al-Masâkin (the poor), and to the wayfarer, and to those who ask, and to set slaves free, performs As-Salât (Iqâmat-as-Salât), and gives the Zakât, and who fulfill their covenant when they make it, and who are As-Sâbirin (the patient ones, etc.) in extreme poverty and ailment (disease) and at the time of fighting (during the battles). Such are the people of the truth and they are AlMuttaqûn (pious).
The Noble Qur'ân Al-Balad 90:1-15
1. I swear by this city (Makkah);
2. And you are free (from sin, to punish the enemies of Islâm on the Day of the conquest) in this city (Makkah),
4. Verily, We have created man in toil.
5. Thinks he that none can overcome him?
6. He says (boastfully): "I have wasted wealth in abundance!"
7. Thinks he that none sees him?
8. Have We not made for him a pair of eyes?
9. And a tongue and a pair of lips?
10. And shown him the two ways (good and evil)?
11. But he has made no effort to pass on the path that is steep.
12. And what will make you know the path that is steep?
13. (It is) Freeing a neck (slave, etc.)
14. Or giving food in a day of hunger (famine),
15. To an orphan near of kin.
Slaves Are To Be Treated Like Brothers
Hadith - Sahih Al-Bukhari 3.721, Narrated Al Marur bin Suwaid
I saw Abu Dhar Al-Ghifari wearing a cloak, and his slave, too, was wearing a cloak. We asked him about that (i.e. how both were wearing similar cloaks). He replied, "Once I abused a man and he complained of me to the Prophet. The Prophet (peace be upon him) asked me, 'Did you abuse him by slighting his mother?' He added, 'Your slaves are your brethren upon whom Allah has given you authority. So, if one has one's brethren under one's control, one should feed them with the like of what one eats and clothe them with the like of what one wears. You should not overburden them with what they cannot bear, and if you do so, help them (in their hard job).'
Question: Freeing of slaves is a great deed as per Islam. But who the hell gave this right to free a slave in first place. As per most basic human rights, and as per Vedas, no one on earth except you yourself have right and power to free yourself.
Assumes that all humans are born free and no one has right to make anyone slave and then free them.
Answer: Then why India, Pakistan even whole world has Prisoners of War? Terrorist are doing war against our Nation, so don't we have rights to caught them & send them in jail? Death sentence of Amir Ajamla Kasab will be the worse decision, according to you?
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Example: 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."
Qur'an 33:50
Answer:
Quran: [4:3], [4:24], [23:5-6], [33:50], [70:29-31]
In all of these verses, the striking point for the people who try to malign Islam is "what right hand possesses/captives" based on which they develop many illusive hypothesis.
Now why 'Wives' and 'Captives' are used separately?
Its because the Captives of war may be married, but their status is different to that of free wives. Then what is the evidence that these captives were taken into marriage bond before going to any sexual relationship?
It can be understood from the following hadiths.
"Narrated By Anas: Amongst the captives was Safiya. First she was given to Dihya Al-Kalbi and then to the Prophet."
(Vol 3, Book 34. Sales And Trade. Hadith 431. Shahi Bukhari)
"Narrated By Anas: The Prophet stayed for three nights between Khaibar
and Medina and was married to Safiya. I invited the Muslim to his marriage banquet and there was neither meat nor bread in that banquet but the Prophet ordered Bilal to spread the leather mats on which dates, dried yogurt and butter were put. The Muslims said amongst themselves, "Will she (i.e. Safiya) be one of the mothers of the believers, (i.e. one of the wives of the Prophet) or just (a lady CAPTIVE) of what his RIGHT HAND POSSESSES" Some of them said, "If the Prophet makes her observe the veil, then she will be one of the mothers of the believers (i.e. one of the Prophet's wives), and if he does not make her observe the veil, then she will be his lady slave." So when he departed, he made a place for her behind him (on his and made her observe the veil."
(Vol 5, Book 59. Military Expeditions Led By The ....Hadith 524. Shahi Bukhari)
If we observe these two hadiths, we can see that Safiya (R) was a female captive, when she was given to the prophet(pbuh), the prophet married her. You can see in the second hadith, even after the marriage, the invited muslims were not sure whether Safiya (R) was going to be considered as one of the prophet's wives, or just (a lady CAPTIVE) of what his right-hand possesses (these words are mentioned many times in the Holy Quran).
From this, there remains no doubt that there are at least two status of the married women, one group is considered as the wives (married from the free women), the others are the married captives/what right hand posses.
and The holy Quran says..
"If any of you have not the means wherewith to wed free believing women, they may wed believing girls from among those whom your right hands possess: And Allah hath full knowledge about your faith." (4:25)
This verse is clear-cut......If any one cant afford to marry a free believing women, they can marry from those whom their right hands possess. If it is permissible to have sex without marriage with the what right hand possesses, it isn't necessary to support marrying them.
Vol 3, Book 50. Conditions. Hadith 882. (Shahi Bukhari)
Narrated By Uqba bin Amir: Allah's Apostle said, "From among all the conditions which you have to fulfill, the conditions which make it legal for you to have sexual relations (i.e. the marriage contract) have the greatest right to be fulfilled."
Slaves: According to Islam
Islam Recognizes The Existence Of Slavery And Propagates Its Emancipation.
16:71 Allah has bestowed His gifts of sustenance more freely on some of you than on others; those more favored are not going to throw back their gifts to those whom their right hands possess so as to be equal in that respect. Will they then deny the favors of Allah?
Difference Between Slaves And Prisoners.
To better understand slavery in todays world is to compare it with the case of prisoners in jail. Islam gives slaves the equal or better right on food .while prisoners are not treated with such care.Equal clothing for slaves as of the masters is commanded, Prisoners do not get such treatment.Slaves can earn their freedom but prisoners cannot. Slaves can marry & start a family but prisoners cannot start a family. Slaves can have property but prisoners cannot have property. A master can sell the slave to another person but he should not separate families but a prisoner is separated from his family. hence keeping a slave can become burden on Islamic state, this is a subtle way of discouraging slavery.
Further Reason For Both Freeing Slaves & Enslavery.
1. In the early Makkan period, it pronounced that slave emancipation was a great deed of piety. The very initial Makkan surahs appealed to the Muslims to liberate as many slaves as they could.
2. The Prophet (sws), unequivocally, directed the Muslims to raise the standard of living of the slaves and bring it equal to their own standard. This, of course, was meant to discourage people from persisting with them.
3. For the atonement of many sins manumission of Muslim slaves was divinely ordained.
4. All slave men and women who could support themselves in the society were directed to marry one another, in order to raise their moral and social status.
5. A permanent head in the public treasury was fixed to set free slave men and women.
6. Prostitution, which was largely carried out through slave women, who were mostly forced by their masters do so, was totally prohibited.
7. The affronting names of ‘abd (slave-man) and amah (slave-woman) by which slave men and women were called, were abrogated so that people should stop regarding them as slaves. In their place, the words fata (boy) and fatat (girl) were introduced.
8. Finally, the law of mukatibat provided very easy access for the slaves to the gateway to freedom. Every slave who was capable of supporting himself was allowed by law to free himself, provided that he/she either gave a certain monetary amount to his master or carried out certain errands for him. After this, he/she could live as a free man/woman. A special head in the treasury was fixed for this purpose; also, wealthy people were urged to help the slaves in this regard. The net result of this law was that only handicapped and old slaves were left to be provided for by their masters, which not only went in their own favour but also prevented them from becoming an economic burden on the society.
FOUR OPTIONS
1. SLEW/KILL
OR
2. IMPRISON/ENSLAVE
33:26 And those of the people of the Book who aided them Allah did take them down from their strongholds and cast terror into their hearts (so that) some ye slew and some ye made prisoners.
*Note:Prisoners release is possible either by ransom,freeing by favour.But if they are enslaved then if they want freedom then they’ll have to buy it by making a contract where in a specified amount has to be paid by the slave to the master.The slave will be permitted to earn & save money .
3. GENEROSITY/FREE OR 4.RANSOM
47:4 Therefore, when ye meet the Unbelievers (in fight), smite at their necks; At length, when ye have thoroughly subdued them, bind a bond firmly (on them): thereafter (is the time for) either generosity or ransom: Until the war lays down its burdens. Thus (are ye commanded): but if it had been Allah.s Will, He could certainly have exacted retribution from them (Himself); but (He lets you fight) in order to test you, some with others. But those who are slain in the Way of Allah,- He will never let their deeds be lost.
Slaves will be treated according to their conduct because they come from the enemy camp.
8:70 O apostle! say to those who are captives in your hands: "If Allah findeth any good in your hearts He will give you something better than what has been taken from you and He will forgive you: for Allah is Oft-Forgiving Most Merciful."
8:71 But if they have treacherous designs against thee (o apostle!) they have already been in treason against Allah and so hath He given (thee) power over them and Allah is He who hath (full) knowledge and wisdom.
*Note:The captives can either remain slaves or freed.The decision is solely made by the khalifah/chief.
8:67 It is not fitting for an apostle that he should have prisoners of war until he hath thoroughly subdued the land. Ye look for the temporal goods of this world; but Allah looketh to the hereafter; and Allah is Exalted in might Wise.
[Taking prisoners of war/slaves is permitted after subduding the land.]
A Deed In Writing (to enable them to earn their freedom for a certain sum)
24:33 Let those who find not the wherewithal for marriage keep themselves chaste until Allah gives them means out of His grace. And if any of your slaves ask for a deed in writing (to enable them to earn their freedom for a certain sum) give them such a deed if ye know any good in them; yea give them something yourselves out of the means which Allah has given to you. But force not your maids to prostitution when they desire chastity in order that ye may make a gain in the goods of this life. But if anyone compels them yet after such compulsion is Allah Oft-Forgiving Most Merciful (to them).
Human rights for slaves:
76:8 And they feed for the love of Allah the indigent the orphan and the captive.
*Note:[Allah loves muslims who are good to indigents,orphans,captives]
4:36 Serve Allah and join not any partners with Him: and do good to parents kinsfolk orphans those in need neighbors who are near neighbors who are strangers the companion by your side the way-farer (ye meet) and what your right hands possess: for Allah loveth not the arrogant the vainglorious;
50:8 Have We not made for him a pair of eyes?
9 And a tongue and a pair of lips?
10 And shown him the two highways?
11 But he hath made no haste on the path that is steep.
12 And what will explain to thee the path that is steep?
13 (It is:) freeing the bondman;
14 Or the giving of food in a day of privation
15 To the orphan with claims of relationship
16 Or to the indigent (down) in the dust.
17 Then will he be of those who believe and enjoin patience (constancy and self-restraint) and enjoin deeds of kindness and compassion.
Freeing of Slaves Is Given Great Importance As Expiation Of Sins:
4:92 Never should a believer kill a believer; but (if it so happens) by mistake (compensation is due): if one (so) kills a believer it is ordained that he should free a believing slave and pay compensation to the deceased's family unless they remit it freely. If the deceased belonged to a people at war with you and he was a believer the freeing of a believing slave (is enough). If he belonged to a people with whom ye have a treaty of mutual alliance compensation should be paid to his family and a believing slave be freed. For those who find this beyond their means (is prescribed) a fast for two months running: by way of repentance to Allah: for Allah hath all knowledge and all wisdom.
Note:
(a) If by a believer by mistake kills another believer then free a believing slave & compensation to deseased family unless they remit it.
(b) If the deceased belonged to a people at war with you and he was a believer the freeing of a believing slave (is enough).
(c) If he belonged to a people with whom ye have a treaty of mutual alliance compensation should be paid to his family and a believing slave be freed.
(d) For those who find this beyond their means (is prescribed) a fast for two months running:
5:88 Eat of the things which Allah hath provided for you lawful and good: but fear Allah in Whom ye believe.
5:89 Allah will not call you to account for what is futile in your oaths but He will call you to account for your deliberate oaths: for expiation feed then indigent persons on a scale of the average for the food of your families; or clothe them; or give a slave his freedom. If that is beyond your means fast for three days. That is the expiation for the oaths ye have sworn. But keep to your oaths. Thus doth Allah make clear to you His Signs that ye may be grateful.
*Note:[Freeing of slave]
58:2 If any men among you divorce their wives by Zihar (calling them mothers) they cannot be their mothers: none can be their mothers except those who gave them birth. And in fact they use words (both) iniquitous and false: but truly Allah is one that blots out (sins) and forgives (again and again).
58:3 But those who divorce their wives by Zihar then wish to go back on the words they uttered (it is ordained that such a one) should free a slave before they touch each other: this are ye admonished to perform: and Allah is well-acquainted with (all) that ye do.
*Note:[Freeing of slave]
2:177 It is not righteousness that ye turn your faces Towards east or West; but it is righteousness- to believe in Allah and the Last Day, and the Angels, and the Book, and the Messengers; to spend of your substance, out of love for Him, for your kin, for orphans, for the needy, for the wayfarer, for those who ask, and for the ransom of slaves; to be steadfast in prayer, and practice regular charity; to fulfil the contracts which ye have made; and to be firm and patient, in pain (or suffering) and adversity, and throughout all periods of panic. Such are the people of truth, the Allah-fearing.
Forbidden to inherit women against their will:
4:19 O ye who believe! ye are forbidden to inherit women against their will. Nor should ye treat them with harshness that ye may take away part of the dower ye have given them except where they have been guilty of open lewdness; on the contrary live with them on a footing of kindness and equity. If ye take a dislike to them it may be that ye dislike a thing and Allah brings about through it a great deal of good.
*Note:[Its forbidden to inherit women against their will,whether freewomen or slave women,a slave woman can earn her freedom for a specified amount by mutual consultation between the slave and the master].
Force not your maids to prostitution
24:33 Let those who find not the wherewithal for marriage keep themselves chaste until Allah gives them means out of His grace. And if any of your slaves ask for a deed in writing (to enable them to earn their freedom for a certain sum) give them such a deed if ye know any good in them; yea give them something yourselves out of the means which Allah has given to you. But force not your maids to prostitution when they desire chastity in order that ye may make a gain in the goods of this life. But if anyone compels them yet after such compulsion is Allah Oft-Forgiving Most Merciful (to them).
*Note:[With this verse its clear that none can force their slave girls into prostitution but if anyone compels them then even after such compulsion Allah subhanawatala is forgiving to such women.
Give Priority To Marry Believing Slaves
4:25 If any of you have not the means wherewith to wed free believing women they may wed believing girls from among those whom your right hands possess: and Allah hath full knowledge about your faith. Ye are one from another: wed them with the leave of their owners and give them their dowers according to what is reasonable: they should be chaste not lustful nor taking paramours: when they are taken in wedlock if they fall into shame their punishment is half that for free women. This (permission) is for those among you who fear sin; but it is better for you that ye practice self-restraint: and Allah is Oft-forgiving Most Merciful.
*note:[Ye are one from another means these captive/slaves are not low category ,they are common people,so they are not to be considered of low category or inferior.Marrying them is allowed.Just because they are slaves & do not have freedom they shall not be subjected to debasement ,if they fall into shame(adultery) their punishment half of the punishment of freeperson.
Slaves As Servants
24:58 O ye who believe! let those whom your right hands possess and the (children) among you who have not come of age ask your permission (before they come to your presence) on three occasions before morning prayer; the while ye doff your clothes for the noonday heat; and after the late-night prayer: these are your three times of undress: outside those times it is not wrong for you or for them to move about attending to each other: thus does Allah make clear the Signs to you: for Allah is full of knowledge and wisdom.
*Note:[The slaves or right hand posses are working ,doing household work]
Human Rights
Give away families together
Al-Tirmidhi HadithHadith 3373 Narrated byAbdullah ibn Mas'ud
When captives were brought to the Prophet (peace be upon him) he gave away families together through dislike of separating them.
Ibn Majah transmitted it.
Sahih Al-Bukhari HadithHadith 7.552 Narrated byAbu Muisa Al Ashari
The Prophet said, "Feed the hungry, visit the sick, and set free the captives."
Sahih Al-Bukhari HadithHadith 7.103 Narrated byAbu Musa
The Prophet said, "Set the captives free, accept the invitation (to a wedding banquet), and visit the patients."
Sunan of Abu-DawoodHadith 2899 Narrated byAbdullah ibn Abbas
A man died leaving no heir but a slave whom he had emancipated. The Apostle of Allah (peace be upon him) asked: Has he any heir? They replied: No, except a slave whom he had emancipated. The Apostle of Allah (peace be upon him) assigned his estate to him (the emancipated slave).
Sahih Al-Bukhari HadithHadith 8.841 Narrated byAbu Huraira
I heard Abu-l-Qasim (the Prophet) saying, "If somebody slanders his slave and the slave is free from what he says, he will be flogged on the Day of Resurrection unless the slave is really as he has described him."
Sahih Muslim HadithHadith 4081 Narrated byMu'awiyah ibn Suwayd
I slapped a slave belonging to us and then fled away. I came back just before noon and offered prayer behind my father. He called him (the slave) and me and said: Do as he has done to you. He granted pardon. He (my father) then said: We belonged to the family of Muqarrin during the lifetime of Allah's Messenger (peace be upon him), and had only one slave girl and one of us slapped her. This news reached Allah's Apostle (peace be upon him) and he said: Set her free. They (the members of the family) said: There is no other servant except she. Thereupon he said: Then employ her and when you can afford to dispense with her services, then set her free.
Sunan of Abu-DawoodHadith 2946 Narrated byAisha, Ummul Mu'minin
The Prophet (peace be upon him) was brought a pouch containing bead and divided it among free women and slave women. Aisha said: My father used to divide things between free men and slave.
Sunan of Abu-DawoodHadith 4501 Narrated bySamurah
The Prophet (peace be upon him) Said: If anyone kills his slave, we shall kill him, and if anyone cuts off the nose of his slave, we shall cut off his nose.
Sahih Muslim HadithHadith 4086 Narrated byAbuMas'ud al-Ansari
I was beating my slave with a whip when I heard a voice behind me: Understand,
AbuMas'ud; but I did not recognise the voice due to intense anger. He (AbuMas'ud) reported: As he came near me (I found) that he was the Messenger of Allah (peace be upon him) and he was saying: Bear in mind, AbuMas'ud, bear in mind, AbuMas'ud. He
(AbuMas'ud) said: I threw the whip from my hand. Thereupon he (the Prophet) said: Bear in mind, AbuMas'ud; verily Allah has more dominance upon you than you have upon your slave. I (then) said: I would never beat my servant in future.
Sahih Al-Bukhari HadithHadith 3.731 Narrated byAbu Huraira and Zaid bin Khalid
The Prophet said, "If a slave-girl (Ama) commits illegal sexual intercourse, scourge her; if she does it again, scourge her again; if she repeats it, scourge her again." The narrator added that on the third or the fourth offense, the Prophet said, "Sell her even for a hair rope."
Sahih Al-Bukhari HadithHadith 1.29 Narrated byAl Marur
At Ar-Rabadha I met Abu Dhar who was wearing a cloak, and his slave, too, was wearing a similar one. I asked about the reason for it. He replied, "I abused a person by calling his mother with bad names." The Prophet said to me, 'O Abu Dhar! Did you abuse him by calling his mother with bad names? You still have some characteristics of ignorance. Your slaves are your brothers and Allah has put them under your command. So whoever has a brother under his command should feed him of what he eats and dress him of what he wears. Do not ask them (slaves) to do things beyond their capacity (power) and if you do so, then help them.' "
Sahih Muslim HadithHadith 4095 Narrated byAbuHurayrah
Allah's Messenger (peace be upon him) said: It is essential to feed the slave, clothe him (properly) and not burden him with work which is beyond his power.
Sahih Al-Bukhari Hadith
Hadith 7.137
Narrated byAbu Said Al Khudri We got female captives in the war booty and we used to do coitus interruptus with them. So we asked Allah's Apostle about it and he said, "Do you really do that?" repeating the question thrice, "There is no soul that is destined to exist but will come into existence, till the Day of Resurrection."
WITH THIS...Together with human dignity and honor comes freedom to live, the right to be respected on an equal basis before the law and to enjoy equal social treatment.
Islam (Submission) stresses the equality of mankind as God created man from a common source and the only allegiance and obedience is to God, the Almighty creator. Islam has never condoned any form of discrimination. The only thing that sets men apart is their righteousness.
Slaves:
First of all, Islam was never in favor of the institution of slavery. It never promoted it. Islam accepted slavery as a social vice and gave directives for its gradual removal and ultimate extinction. Now after centuries, the world is ultimately freed of this social evil. Islam made its contributions to free the world of it. I would, therefore, say that under the present circumstances it is completely prohibited and against the teachings of Islam to take any action that may, directly or indirectly, once again seek to lay the foundations of or to promote this institution.
Question against intimacy with slave girls and NIKKAH
The wisdom underlying the permission granted by Shariat to copulate with a slave woman is as follows: The LEGAL possession that a Muslim receives over a slave woman from the "Ameerul-Mu'mineen" (the Islamic Head of State) gives him legal credence to have coition with the slave woman in his possession, just as the marriage ceremony gives him legal credence to have coition with his wife. In other words, this LEGAL POSSESSION is, in effect, a SUBSTITUTE of the MARRIAGE CEREMONY. A free woman cannot be 'possessed', bought or sold like other possessions; therefore Shariat instituted a 'marriage ceremony' in which affirmation and consent takes place, which gives a man the right to copulate with her. On the other hand, a slave girl can be possessed and even bought and sold, thus, this right of possession, substituting as a marriage ceremony, entitles the owner to copulate with her.
In short, permission to have intercourse with a slave woman was not something barbaric or uncivilised; on the contrary, it was almost as good as a marriage ceremony. In fact, possession of a slave woman resembles a marriage ceremony in many ways and both have a lot in common with each other. One similarity is this that just as a free woman cannot have two husbands simultaneously, a slave woman cannot be used for intercourse by two owners. Another similarity is that a free woman whose marriage is on the rocks, cannot marry another man until her previous marriage is nullified through divorce, etc. Due to the discrepancies between husband and wife, the marriage sometimes reaches a stage where it becomes virtually impossible for the couple to live as man and wife with the result that divorce is brought into force to nullify marriage ties. Similarly, if a slave woman was married previously in enemy territory to a non-Muslim, and is then captured alone, i.e. without her husband, it is not permissible for any Muslim to have relations with her until her previous marriage is nullified, and that is done by bringing her to an Islamic country and making her the legal possession of a Muslim. Bringing her into Islamic territory necessitates the rendering of her previous marriage as null and void by Islamic law because with her husband in enemy territory and she in Islamic territory, it becomes virtually impossible for them to meet and live as man and wife. That is why it is not permissible to have intercourse with a woman whose husband is also taken into captivity and put into slavery with her. Another resemblance between the two is that, just as a divorcee has to spend a period called "Iddat" before another man is allowed to marry her, similarly, a slave woman has to spend a period called "Istibraa" before her owner can have coition with her.
Another similarity between marriage and possession of a slave woman is that just as the wife becomes a dependant of the husband and he has to provide a home, food and clothing for her, a slave woman also becomes a dependant of her owner and he has to provide a home, food and clothing for her. Yet another similarity is this that just as marriage makes the close relatives of the wife Haraam upon the husband; i.e. he cannot get married to his wife's mother, grandmother, sister, etc., similarly if a man has copulated with a slave woman the slave woman's close relatives also become Haraam upon the owner. With all these similarities it does not make sense to regard copulation with a slave woman distasteful whilst copulation with one's wife is not regarded as distasteful.
A question that may still arise is that why does the owner of a slave woman not marry her before having relations with her? Well, this is impracticable because of a few intricate technicalities. Firstly, we know that a man has to give "Mahr" (dower-money) to his bride. The Holy Quran says:-
"And allowed unto you is whatsoever is beyond that, so that ye may seek them with your substance (i.e. with your dower-money). " - (4:24).
Thus, "Mahr" is a conditional prerequisite of Nikah. If a man has to marry his slave woman, it would not be possible for him to abide by this condition of 'Mahr' because by Islamic law, a slave does not have rights over any property, i.e. she cannot own anything. In fact, whatever she has with her too, i.e. her clothing, etc., is all regarded as the property of her owner. Therefore, If he gets married to his slave girl and gives her the 'Mahr' she cannot become the owner of it because she has no right of ownership. The 'Mahr' would bounce back to the owner of the slave girl and it would tantamount to giving the 'mahr' to himself. Hence, the owner would become the payer as well as the PAYEE of the 'mahr' which would only result in the mockery of the whole system of 'mahr'. It would be absolutely superflous to have such a marriage ceremony performed that makes a mockery of the 'mahr' system. Hence, the owner cannot get married to her while she remains a slave girl. However, if he sets her free, then he can get married to her on the basis of her having become a liberated woman.
Although the owner himself cannot get married to his slave woman, without giving her freedom, he can get her married to someone else. If he gets her married to someone else, then only her husband can now have intercourse with her and the owner's right of having intercourse with her comes to an end. All these facts prove that the slave girl does not become an instrument of sex; on the contrary, her honour is upheld, in that only one man is allowed to have intercourse with her JUST AS only one man (the husband) is allowed to have intercourse with his lawfully wedded wife.
Islam ensured that the slave girl's duties were not restricted merely to domestic chores but also gave her master permission to copulate with her. This concession created an atmosphere of love and harmony between the slave girl and her master. Islam thereby raised the status of the war captive-maidens close to that of wives. It was a psychological cure to her grief-stricken heart, being deprived of her family and thrown into the hands of a strange society.
Over and above all this, History will show that Islam did not encourage slavery but rather encouraged moves towards the extirpation of slavery. Rasulullah Sallallahu Alayhi Wasallam has said something to this effect in a Hadith, that: "Whosoever freed a Muslim slave, the Lord would redeem all his limbs - in compensation for each limb of the slave, so much so that the private parts for the private parts - from the Fire of Hell.
"If a slave woman becomes pregnant from her owner, and delivers his child, she automatically gets her freedom after the death of her master whose child she gave birth to.
One question that still remains is whether slavery still legally prevails anywhere in the Islamic world and whether it can be successfully implemented in this age. Well, there is no prevalence of lawful slavery in the Islamic world today and it would be difficult to implement it because of the stringent conditions attached to it. Firstly, the prisoners have to be captured in 'Jihaad' in the true sense of the word. Then again, If true 'Jihaad' did break out somewhere, there are still a number of other laws and conditions to abide by which are far too stringent for any Islamic country in the world to abide by in this time and age when people's personal gains and whims and desire are being given preference to over Islamic Law. According to Islamic Law, captive female prisoners are also part and parcel of the booty. One fifth of the booty has to be first distributed to the needy, orphans, etc. The remaining four-fifths should then be distributed among the soldiers who participated in the war. The distribution can only take effect after the booty is brought into Islamic territory. The Ameerul-Mu'mineen (Head of the Islamic State) remains the guardian of the female prisoners until he allocates them to the soldiers. Only after a soldier has been allotted a slave girl, and made the owner of her, will she become his lawful possession. After she spends a period called 'Istibraa', which is the elapse of one menstrual period, It becomes permissible for her owner to have relations with her. After possession of the slave too there are a number of other laws that affect the master and slave. There is hardly any Islamic country today that can abide to all these conditions, with the result that it is quite difficult to implement slavery in this time and age.
The subject of slavery in Islam is quite comprehensive and there are many laws that pertain to slaves which the Jurisprudents of Islam have outlined
Question: Why God in the Quran did not prohibit slavery and instead commanded and rewarded the freeing of the slaves?
Answer: God, The Almighty, knows that slavery is a social disease that will persist as long as humans are present on earth. If the order in the Quran is to prohibit slavery, it would be a noble command but since ONLY the believers in the Quran would be the ones following the Quran, the command would not help slavery outside Islam (Submission.) Every Muslim would then free his slaves and remind the other Muslims not to have slaves any more and their duty stop at that. The command in the Quran to FREE THE SLAVES, does not stop at the Muslims or Islam but extend to all the slaves wherever they are. A muslim (Submitter) would therefore free any slaves he might have had and after that turns to any other slaves in any location and of any religion to free, as commanded by God in the Quran. In other words, the command to free the slaves is far more reaching and far more effective than the mere order to stop having slaves.
Sex Slavery:
First thing is that no slavery systems in this world, now a days.
And second thing is that there is no concept of Sex Slavery. Sex with slaves allowed only after marriage ceremony.
Question against intimacy with slave girls and NIKKAH
The wisdom underlying the permission granted by Shariat to copulate with a slave woman is as follows: The LEGAL possession that a Muslim receives over a slave woman from the "Ameerul-Mu'mineen" (the Islamic Head of State) gives him legal credence to have coition with the slave woman in his possession, just as the marriage ceremony gives him legal credence to have coition with his wife. In other words, this LEGAL POSSESSION is, in effect, a SUBSTITUTE of the MARRIAGE CEREMONY. A free woman cannot be 'possessed', bought or sold like other possessions; therefore Shariat instituted a 'marriage ceremony' in which affirmation and consent takes place, which gives a man the right to copulate with her. On the other hand, a slave girl can be possessed and even bought and sold, thus, this right of possession, substituting as a marriage ceremony, entitles the owner to copulate with her.
So now you tell me Sex with wife is unlawful?
It didn't mention anywhere in all above post that slavery system is a good practice according to Islamic law.
Slavery is a very old practice that was gradually abolished in Islam. Many people out of ignorance or out of biased attack Islam for its stand on slavery, distorting and misrepresenting the true stand of Islam. In this article we will see the great humane position of Islam on slavery.
The central issue of slavery and equality is the concept of human dignity. In Islam, God has conferred honor and dignity on all human beings irrespective of their race, gender, age, social status and beliefs.
The provision of slavery through wars was no longer important after the Islamic civilization redefined the mode of interaction between nations -- from power struggle to peaceful and productive coexistence. Indirectly but effectively Islam has closed this source of slavery.
Islam opened all the doors to free the slaves by setting up rules which greatly facilitated the emancipation of slaves:
The initiative of Islam in promoting independence for slaves was carried out in the following ways:
1-----> Encouraging the masters and the Muslim societies at large to help in freeing the slaves. The act of freeing the slave is considered a noble one which is highly valued by God. The slaves themselves entered into an agreement with the master to buy their independence by paying certain amounts of money. The society was encouraged to help in providing the freedom money.
[24:33] “Those who cannot afford to get married shall maintain morality until GOD provides for them from His grace. Those among your servants who wish to be freed in order to marry, you shall grant them their wish, once you realize that they are honest. And give them from GOD's money that He has bestowed upon you. ………”
2-----> Making the act of freeing the slave a part of punishment for any criminal act as well as for non-conformity of the Islamic rituals. There are several verses in the Holy Quran which specifically mentioned the requirement of freeing the slave as a way of meeting the punishment for wrongdoing. See 4:92, 5:89 and 58:3
3-----> Using Charity money as a financial source to free the slave.
[9:60] Charities shall go to the poor, the needy, the workers who collect them, the new converts, to free the slaves, to those burdened by sudden expenses, in the cause of GOD, and to the traveling alien. Such is GOD's commandment. GOD is Omniscient, Most Wise.
[2:177] “Righteousness is not turning your faces towards the east or the west. Righteous are those who believe in GOD, the Last Day, the angels, the scripture, and the prophets; and they give the money, cheerfully, to the relatives, the orphans, the needy, the traveling alien, the beggars, and to free the slaves; and they observe the Contact Prayers (Salat) and give the obligatory charity (Zakat); and they keep their word whenever they make a promise; and they steadfastly persevere in the face of persecution, hardship, and war. These are the truthful; these are the righteous.”
[90:10-13] Did we not show him the two paths? He should choose the difficult path. Which one is the difficult path? The freeing of slaves.
Finally we can say that Islam found the slavery system already existing and put forward a plan to abolish it.
To manumit a slave is highly meritorious:
To manumit [free] a slave is highly meritorious; the slave can ransom himself by paying some of the money he has earned while conducting his own business.
Only children of slaves or prisoners of war can become slaves; therefore slavery is theoretically doomed to disappear with the expansion of Islam.
As I've mentioned above that provision of slavery through wars was no longer important after the Islamic civilization redefined the mode of interaction between nations -- from power struggle to peaceful and productive coexistence. Indirectly but effectively Islam has closed this source of slavery.
The entire history of Islam proves that slaves could occupy any office, and many former military slaves, usually recruited from among the Central Asian Turks, became military leaders and often even rulers as in eastern Iran, India (the Slave Dynasty of Delhi), and medieval Egypt (the Mamluks). Eunuchs too served in important capacities, not only as the guardians of the women's quarters, but also in high administrative and military positions.
The Prophet (sws), unequivocally, directed the Muslims to raise the standard of living of the slaves and bring it equal to their own standard. This, of course, was meant to discourage people from persisting with them.
The law of mukatibat provided very easy access for the slaves to the gateway to freedom. Every slave who was capable of supporting himself was allowed by law to free himself, provided that he/she either gave a certain monetary amount to his master or carried out certain errands for him. After this, he/she could live as a free man/woman. A special head in the treasury was fixed for this purpose; also, wealthy people were urged to help the slaves in this regard. The net result of this law was that only handicapped and old slaves were left to be provided for by their masters, which not only went in their own favour but also prevented them from becoming an economic burden on the society.
Islam preaches about freeing of slaves.
The Noble Qur'ân Al-Baqarah 2:177
It is not Al-Birr (piety, righteousness, and each and every act of obedience to Allâh, etc.) that you turn your faces towards east and (or) west (in prayers); but Al-Birr is (the quality of) the one who believes in Allâh, the Last Day, the Angels, the Book, the Prophets and gives his wealth, in spite of love for it, to the kinsfolk, to the orphans, and to Al-Masâkin (the poor), and to the wayfarer, and to those who ask, and to set slaves free, performs As-Salât (Iqâmat-as-Salât), and gives the Zakât, and who fulfill their covenant when they make it, and who are As-Sâbirin (the patient ones, etc.) in extreme poverty and ailment (disease) and at the time of fighting (during the battles). Such are the people of the truth and they are AlMuttaqûn (pious).
The Noble Qur'ân Al-Balad 90:1-15
1. I swear by this city (Makkah);
2. And you are free (from sin, to punish the enemies of Islâm on the Day of the conquest) in this city (Makkah),
4. Verily, We have created man in toil.
5. Thinks he that none can overcome him?
6. He says (boastfully): "I have wasted wealth in abundance!"
7. Thinks he that none sees him?
8. Have We not made for him a pair of eyes?
9. And a tongue and a pair of lips?
10. And shown him the two ways (good and evil)?
11. But he has made no effort to pass on the path that is steep.
12. And what will make you know the path that is steep?
13. (It is) Freeing a neck (slave, etc.)
14. Or giving food in a day of hunger (famine),
15. To an orphan near of kin.
Slaves Are To Be Treated Like Brothers
Hadith - Sahih Al-Bukhari 3.721, Narrated Al Marur bin Suwaid
I saw Abu Dhar Al-Ghifari wearing a cloak, and his slave, too, was wearing a cloak. We asked him about that (i.e. how both were wearing similar cloaks). He replied, "Once I abused a man and he complained of me to the Prophet. The Prophet (peace be upon him) asked me, 'Did you abuse him by slighting his mother?' He added, 'Your slaves are your brethren upon whom Allah has given you authority. So, if one has one's brethren under one's control, one should feed them with the like of what one eats and clothe them with the like of what one wears. You should not overburden them with what they cannot bear, and if you do so, help them (in their hard job).'
Question: Freeing of slaves is a great deed as per Islam. But who the hell gave this right to free a slave in first place. As per most basic human rights, and as per Vedas, no one on earth except you yourself have right and power to free yourself.
Assumes that all humans are born free and no one has right to make anyone slave and then free them.
Answer: Then why India, Pakistan even whole world has Prisoners of War? Terrorist are doing war against our Nation, so don't we have rights to caught them & send them in jail? Death sentence of Amir Ajamla Kasab will be the worse decision, according to you?
