Does Islam permit physical relation with slave girls?

Does Islam permit physical relation with slave girl?

khurshid imam
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Rethinking and introspecting whether Islam permits sex with slaves and encourages slavery system.

Imagine!
A young Muslim lady captured by US troop in Afghanistan or Syria. She is held captive by her captor. The captor wishes to have physical relation with her. He succeeds.
What do you call it - immorality - inhumane - barbaric? 

Imagine!
There is an Islamic state. Muslim army is engaged in war with a nation. A young lady is captured by Muslim forces as prisoner of war. Be honest and tell - If the Muslim captor wishes to have physical relation with the lady without marriage – can he?
If you have not read my above paragraph then may be you will take some time and eventually say – 'yes'.


A. Introduction to this sensitive issue

One of the favorite topics of anti-Islamic writers is the issue of 'physical relation with slaves'. The common understanding among Muslims is that Islam permits physical relationship with slave women – without marriage.
               Islam is deen-e-fitrat i.e. religion as per the nature. Not a single teaching of Islam can be against humanity. If a so-called-teaching of Islam seems to be against humanity then one need to seriously ponder over the issue and review the understanding. In no case one should go against the revelation of Almighty God i.e. QURAN.


B. Pre-Quranic Arabian culture and social system

Let’s first understand that culture of Arab 1400 years ago was far different than today.

1. Slavery system was flourishing in most part of the world. Slaves were bought and sold. Slave women could be used as concubines. War of that time was also very different from today. Captives of war were considered as possessions. Captive’s women would become slaves.

2. Women were considered inferior to men. People would bury the baby girl alive if they did not want girl child. No rights for women in the property.

3. Alcohol was rampant. People would drink alcohol like anything.

Such was the situation when Prophet Muhammad claimed Prophet-hood in the desert of Arabia. Islam is the complete way of life and it deals with the all aspects of life, it had to deal with these notorious customs also. 
How it dealt? In a very sophisticated way – keeping in mind the human psychology.


C. How Islam dealt with this unjust system

Islam gave the concept of one brotherhood. No one is better than other on the basis of color, birth, race, language, region or wealth. Quran 49:13

Almighty God made clear that men and women are equal in the sight of God. 

We all are aware that Alcohol was eradicated from the society in gradual manner.

1. In first step people were informed that though alcohol has something good but as a whole it’s harmful and sinful. Refer Quran 2:219.

2. Next, Almighty God commanded people that they should not approach prayer when they are intoxicated i.e. had alcohol. So this way people were forced to reduce the alcohol. At least for 6-7 hours a day people could not have alcohol.
Refer Quran 4:43.

3. And then finally Almighty God straightforwardly prohibited alcohol. Refer Quran 5:90.

Almighty God in his divine wisdom prohibited alcohol in stages. Had Almighty God ordered in one go it would have been very difficult for people to stop.
It’s natural and logical because any addict will find it difficult to give up addiction of alcohol or anything in one go. 
Similarly, addiction of slaves could also not go in one go.

Just think! In India and worldwide, its prohibited to employ child for labor. Guess what! Did they abolish this system? No. On the contrary - In 2011 the national census of India found the total no. of child laborers, aged 5–14, to be at 10.1 million. Worldwide, there are 217 million child labor. Can you imagine?

Those who could not abolish slavery in centuries are expecting islam to abolish in one day. Ridiculous it may sound. On the contrary Islam gave utmost rights ti these slaves and made them lead a life in par with their masters which all modern day civilization failed miserably.

D. Islam did not eradicate the slavery system in one go!

Those who say - 'Why Islam allows slavery system' are intentionally making wrong statement. 'Slavery was present that time' and it is not that 'Islam started slavery system'. There is not a single ayah in the Quran that encourages slavery system.

A. There was no proper system for the rehabilitation and taking care of large number of slaves if all of a sudden slavery system was banned.

B. There were numerous slaves present that time: young, poor, elderly, widows etc. They were dependent on their masters for their food, clothing and shelter. If all of a sudden slavery system was abolished then there would had been a large number of poor people left in the society who would had no means to support them. They would had died of hunger or would had resorted to criminal means.

C. There was a great chance of exploitation of large number of slave women in the form of prostitution because they would had become helpless with nothing to sustain and nowhere to go. Please keep in mind - most of these slaves were people foreign to the land of Muslims. 

Islam discouraged the slavery system:

In no ayah, Qur’an has approved of slavery.

1. Encouragement to free slaves.

Almighty God encouraged people to give freedom to slaves. Freeing of slave was one of the ways of compensation of mistakes committed. This lead to gradual freeing of slaves. Refer to Quran 4:92, 5:89, 58:3.

Muslims were told to raise the status of slaves; treat them with more honor and respect; give them proper food and clothing. 
Look at the teaching of Prophet Muhammad (Peace be upon him):

a. "Set free the captives and accept invitations." Sahi Bukhari Volume 9, Book 89, Number 285; Book 62, Number 103; Book 70, Number 552.

b. "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". Sahi Bukhari Volume 1, Book 2, Number 29

c. A person got angry and slapped his slave-girl. There upon Suwaid b. Muqarrin said to him: You could find no other part (to slap) but the prominent part of her face. See I was one of the seven sons of Muqarrin, and we had but only one slave-girl. The youngest of us slapped her, and Allah's Messenger (may peace be upon him) commanded us to set her free. (Muslim Book 015, Number 4082)

d. "Give food to the hungry, pay a visit to the sick and release (set free) the one in captivity (by paying his ransom)." Sahi Bukhari, Volume 7, Book 65, Number 286.

e. The last words which the Apostle of Allah spoke were: Prayer, prayer; fear Allah about those whom your right hands possess. Sunan abudawud, Book 41, Hadith 5137.

2. Encouragement to get slaves married.

So that they can lead independent life away from slavery.

“And marry those among you who are single the Salihun (pious) of your (male) slaves and maid-servants (female slaves). If they be poor, Allah will enrich them out of His Bounty. .....”. Quran 24:32

The teaching of Prophet Muhammad(Peace be upon him) is:"He who has a slave-girl (or a woman of captivity) and educates and treats her nicely and then manumits and get her married, will get a double reward." Sahi Bukahri, Volume 3, Book 46, Number 720.

Above all were methods to discourage the slavery system. It was putting a psychological pressure on people against the slavery system. The process was gradual so that slaves could lead an independent life and people.

This was about the slavery system. Let us discuss the core issue - physical relation with slaves.

Looks like, initially only unmarried men were permitted to have physical relation with slaves.

1. Quran speaks about maintaining modesty: Surah Mumenun 23:5-6 and Surah Marij 70:29-30

إِلَّا عَلَىٰ أَزْوَاجِهِمْ أَوْ مَا مَلَكَتْ أَيْمَانُهُمْ فَإِنَّهُمْ غَيْرُ مَلُومِينَ

“And those who guard their chastity, except from their wives OR (the slaves) that their right hands possess”

Ayah talks about maintaining sexual relationship only with wife OR those whom your right hand possess [slave girl]. Please mark the key word 'or' here.The Arabic word “AW” means OR. Unfortunately some of the Quran translation wrongly translates here “AW” as 'and'. The correct translation is 'or'. 

The key is: permission of having physical relationship is given with wife 'or' those whom your right hand possess. It’s not that by chance or by mistake (nauzbillah) God has mentioned 'or', rather it is deliberate. 

If i ask you take: cake or chocolate, then you will take either of one. You will not both. If i tell you to take cake and chocolate then you may take both.
Ayah, is talking either wife [referring to already married people] or slave girl.

Please note that - relation with slave was a prevalent practice across different cultures and civilizations. Quran - initially - guided that this practice should be for unmarried people only.

Please note that both of this ayah were revealed in mecca i.e. early regulation.

Later, in Medina - ayah [4:25] was revealed that completed the ruling on the subject.

Before we ponder over that ayah, note the following points:

1. Whenever we want to understand complete ruling for an issue then we need to take into account all relevant ayah of the Quran otherwise we might get incomplete and sometime incorrect picture. For ex- if you read Quran 2:34 then you might get the idea that iblees was not commanded to follow God's command, however when you read Quran 7:12 then it becomes crystal clear that he too was commanded.

In the same fashion, if one has to understand that complete ruling on relation with slave girl - then one need to take into account other ayah also.

2. After few years of revelation of above mentioned 2 ayah (Surah Momenun 23:5-6 and Surah Marij 70:29-30) the below ayah was revealed. 

“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.” Quran 4:25

This ayah completes the picture on the topic. Important points:

A. Most significant aspect of the ayah is the continuous use of 'nikah' or marriage with slave girl. Very emphatically ayah is saying that nikah or marriage is required for slave girl as its required for any lady.

B. if you have not the means wherewith to wed free believing women. 

If you are not financially capable to marry a free women, i.e. you can not manage mehar and can not provide her living standard as per her status - then you can marry a slave girl.

Naturally, a person will look for girl according to his status. In case he is unable to cope up financially then he should marry a slave girl. 

C. Ye are one from another

Discouragement for marriage with slave is not due to racial reason but for the logical reason that people of same status / culture should be married. Allah made clear that all people are from one man and woman whether slave or free person. None is greater than other except by the reason of virtue.

D. This (permission for marriage) is for those among you who fear sin; but it is better for you that you practice self-restraint.

This permission of marriage with slave is if he fears that he will not be able to practice restraint, and fears to commit sin. What sin?
Please note, if Islam had permitted sex with captive women, then there was no need for the above elaboration. Where is the question of sin if relation with slave girl was allowed without marriage? Naturally - nikah is the precondition for any physical relationship.

D. Allah made very clear in this Ayah that if you don’t have means to marry free women and if you fear that you might commit zina by having illegal relationship (It automatically closes the door for permissibly of having physical relation with slave) then you should MARRY slave girl. 

Still, Almighty God encourages self restrain (restraining from what? Obviously illegal physical relation. So how come illegal physical relation with slave is permissible?) i.e. you wait till you get means to marry free believing women.

Let me summarize:
1. Initial regulation - Quran 23:5-6 and 70:29-30 talks about relationship with slaves only for unmarried person.
2. Later Quran 4:25 commanded that one has to mandatory do nikah with slave girl.

Quran is complete and final ruling from Quran is that there can not be any relation with slave girls outside the bond of nikah. Quran 23:5-6 and 70:29-30 means that slave girl has to be / should be taken into bond of nikah for any marital relationship.

Another, myth from book of history.

It also - a myth - that prophet Muhammad was allowed to have physical relation with slave girls outside the bond of nikah. There is not a single ayah in the Quran that proves that prophet was allowed to have slaves outside the bond of nikah. 
In fact, we have ayah contrary to that.

يَا أَيُّهَا النَّبِيُّ إِنَّا أَحْلَلْنَا لَكَ أَزْوَاجَكَ اللَّاتِي آتَيْتَ أُجُورَهُنَّ وَمَا مَلَكَتْ يَمِينُكَ
“O Prophet! We have made lawful to you your wives to whom you have paid their dowers; and those whom your right hand possesses out of the prisoners of war whom Allah has assigned to you; 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 you, and not for the Believers (at large); We know what We have appointed for them as to their wives and the captives whom their right hands possess;- in order that there should be no difficulty for thee. And Allah is Oft- Forgiving, Most Merciful.” 
Quran 33:50

Please note some important points:

1. This ayah gives the list of women whom prophet could have married. Other than, these he was not allowed to marry any one. This prohibition was only for prophet and not for others.

2. Look at the continuous use of word 'and'. Why it is used? It used to tell you the list of women who were eligible for marriage. Please note that - prophet was allowed to marry them. Actually, he did not marry all these women. Crux of the ayah is that he had to marry these women including slave girl.

3. I have highlighted use of arabic word 'aw' [OR] in case of Quran 23:5-6 and 70:29-30. Here in 33:50 we see the use of arabic word 'wa' [AND].

4. Note the arabic word "WA" (AND) here. Remember for believers the word "AW" was used in the context of slave women while in case of Prophet, word "WA" which means AND is used. So this ayah is telling that ONLY for prophet - wives AND slave women both are lawful. How they are lawful? Through the bond of NIKAH ONLY. Nowhere Quran tells that without the bond of nikah - marital relation can be maintained.

5. Please note the arabic word  يَسْتَنكِحَهَا used in this ayah. This word - saying those women whom  "Prophet wishes to MARRY (and not to have sex outside marriage)" includes cousins, believing women and slave girls. So Prophet was permitted to marry / Do nikah with slave girls.
      
6. Hence, through 33:50 Allah says that for prophet marriage with only certain free women+slaves is allowed while for believers it is not the ruling. For believers - they were permitted to marry slave girls only if they did not have wife. This is the difference. 

The sequence of orders of the holy Qur’an is a very clear cut. 
Those who have misunderstood it, have erred, however great they were.

After the completion of Quran, Islam was complete. Whatever guidance has been given by Quran – that will always be final and not semi-final. So on the issue of physical relationship with slave-girl; teaching of Islam is that only after marriage one can have physical relation with any girl / slave girl. Any physical relation outside the bond of marriage is haraam / prohibited / adultery / major sin.

Any doubt?

A. Some people may have doubt that since ayah of Quran can never be abrogated hence what relevance Surah Momenun 23:5-6 and Surah Marij 70:29-30 and other such ayah have today or in future? The answer is simple - YES; not a single ayah of Quran can be abrogated. Ayah speaking about slave girls in Surah Momenun 23:5-6 and Surah Marij 70:29-30 is valid even today.

The only thing is that since 4:25 maintains that slave girl should be taken into nikah in order to maintain physical relation, so if a person is not married and wants to follow Surah Momenun 23:5-6 and Surah Marij 70:29-30 then he has two option-
a. Marry a lady
b. If slave system persists then take into nikah to the slave girl. 

Also remember 4:25 discourages marriage with slave girls because of obvious reasons. That is why Allah has prescribed self restrain in this case.
Please note that slavery system is nowhere today so second option is eliminated today. However, if a person is married then he has to maintain physical relation only with wife.

B. Some people may have this misunderstanding that in case when a person can not marry free believing woman (may be because of financial reason) - as per 4:25 then how he will marry his own slave girl (assuming that the person financial condition is bad then how come he is possessing slave?). Please clear this misunderstanding by reading 4:25 carefully. This ayah speaks about marrying slave girl from among slave girls; also it says wed them with the permission of their folk. This ayah makes clear that slave may or may not be your own slave-that is why it mentions marrying them with the permission of their master. Again i would like to emphasize that one should marry a slave girl in case he fears he will not be able to practice self restraint. If he can then he should wait till he is able to marry a free lady. In no any case islam permits adultery or any relation outside the bond of nikah.

In-spite of clear injunction from the Quran - of someone still overrules these rulings of Quran from some other sources - then just remember this ayah.

وَإِذَا فَعَلُوا فَاحِشَةً قَالُوا وَجَدْنَا عَلَيْهَا آَبَاءَنَا وَاللَّهُ أَمَرَنَا بِهَا قُلْ إِنَّ اللَّهَ لَا يَأْمُرُ
  الْفَحْشَاءِ أَتَقُولُونَ عَلَى اللَّهِ مَا لَا تَعْلَمُونَ 


And when they commit an immorality, they say, "We found our fathers doing it, and Allah has ordered us to do it." Say, "Indeed, Allah does not order immorality. Do you say about Allah that which you do not know?" Quran 7:28

If you believe in committing fahhashi / immoral act / adultery [sex with slave outside marriage] and justify it by saying that Allah has ordered it and our forefathers did this - then you are lying. Allah will never command immorality.

E. Conclusion

1. Slavery system was in full swing in earlier cultures - across the world.
2. Slaves were bought, sold, treated badly, not considered human beings. People captured in war were treated as slaves.
3. Worst situation was for women. Their masters would treat them as concubines. 
4. Eradicating gradually this menace; Islam proceeded in steps.
5. In the first step: only unmarried Muslims were allowed to have physical relations with slaves. Surah muminoon 23:5-6 and Surah Marij 70:29-30.
6. Later, GOD commanded people to MARRY slaves if they wanted to have marital relation, Quran 4:25.
7. Quran is complete. We will look into Quran to find out ruling on a subject.
8. Any physical relation relationship outside the bond of nikah / marriage is absolutely haraam.
9. No matter how much you try to convince a non muslim you will never be able to justify – through out your life – that Islam permits sex with slaves outside marriage. Neither can you convince yourself.

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On the day of Qiyamah Prophet will complain to Almighty God - "Oh God! My people had LEFT / ABANDONED Quran" - Quran, Surah Furqan 25:30