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By Bassam Zawadi
There are those who argue that since Islam permits Muslim men to have sexual intercourse with their slave girls, this then means that they also have the right to rape them. This is absurd. The right to have sex with a woman does not necessarily imply that one has the right to rape her as well. To say that a Muslim man has the right to rape his slave girl is like saying that a man has the right to rape his wife; which is not true. Refer to this article. Rape in Islam is completely forbidden. See this and this. Imam Maalik said:
ÇáÃãÑ ÚäÏäÇ Ýí ÇáÑÌá íÛÊÕÈ ÇáãÑÃÉ ÈßÑÇð ßÇäÊ Ãæ ËíÈÇ : ÃäåÇ Åä ßÇäÊ ÍÑÉ : ÝÚáíå ÕÏÇÞ ãËáåÇ , æÅä ßÇäÊ ÃãóÉ : ÝÚáíå ãÇ äÞÕ ãä ËãäåÇ¡ æÇáÚÞæÈÉ Ýí Ðáß Úáì ÇáãÛÊÕÈ ¡ æáÇ ÚÞæÈÉ Úáì ÇáãÛÊÕÈÉ Ýí Ðáß ßáå
In our view the man who rapes a woman, regardless of whether she is a virgin or not, if she is a free woman he must pay a "dowry" like that of her peers, and if she is a slave he must pay whatever has been detracted from her value.The punishment is to be carried out on the rapist and there is no punishment for the woman who has been raped, whatever the case. (Imam Maalik, Al-Muwatta', Volume 2, page 734) Imam Al Shaafi'i said:
æÅÐÇ ÇÛÊÕÈ ÇáÑÌá ÇáÌÇÑíÉ Ëã æØÆåÇ ÈÚÏ ÇáÛÕÈ æåæ ãä ÛíÑ Ãåá ÇáÌåÇáÉ ÃÎÐÊ ãäå ÇáÌÇÑíÉ æÇáÚÞÑ æÃÞíã Úáíå ÍÏ ÇáÒäÇ
"If a man acquires by force a slave-girl, then has sexual intercourse with her after he acquires her by force, and if he is not excused by ignorance, then the slave-girl will be
but this is to show that the early classical scholars surely did not understand Islam to be teaching it. we will accept this response only for the sake of argument.' He said: 'No not until you write a message to Umar'. Kitaabul Umm. Do these critics who raise these arguments know Islam better than Umar ibn al Khattab? We anticipate what our opponents might say in response. 6731. page 363. page 253) Notice that both of these top classical scholars have stated that a man is to be punished for raping a slave girl. By the time Umar's message was delivered. Saheeh Muslim. They then captured a pretty bride. Volume 3. Of course this not our ultimate proof that Islam forbids rape. hence Khalid sent Dharar bin al-Auwzwar in a squadron and they invaded a district belonging to the tribe of Bani Asad. Even though the story in Sunan Al Bayhaqi makes it clear that the man had sex with the girlafter possessing her." (Saheeh Bukhari no. and he fails to take care of them properly. 142) 'Umar ibn al-Ahwas (may Allaah be pleased with him) reported that he heard the Messenger of Allaah SAWS (peace and blessings of Allaah be upon him) say during his Farewell Pilgrimage: . They will say that the scholars whom I just cited and the story of Umar ibn Al Khattab only refer to someone who raped a slave girl who did not belong to him. for he took the slave girl unjustly. (Khalid) said: 'Allah didn't want to disgrace Dharar' Notice that Umar ibn Al Khattab (the second caliph) ordered the man who captured the slave girl and had sex with her to be stoned for this crime. Dharar was dead. (Then they sent a message to Umar) and Umar answered that he (Dharar) should be stoned. but he will not smell the fragrance of Paradise." (Imam Al Shaafi'i. Volume 2. and he will receive the punishment for illegal sexual intercourse. no. He then had sexual intercourse with her. and went to Khalid and told him about what he did. he is required to pay the fine.taken from him. Hadith no. 18685 we read the following story: Abu al-Hussain bin al-Fadhl al-Qatan narrated from Abdullah bin Jaffar bin Darestweh from Yaqub bin Sufyan from al-Hassab bin Rabee from Abdullah bin al-Mubarak from Kahmas from Harun bin Al-Asam who said: Umar bin al-Khatab may Allah be pleased with him sent Khalid bin al-Walid in an army. Dharar liked her hence he asked his companions to grant her to him and they did so. Khalid said: 'I permit you and made it lawful to you. however one may rape the slave girl that is his property. It is nonsense to suggest that one could rape the slave girl he possesses because the Prophet (peace be upon him) warned us that we must take good care of those under our authority: "There is no person to whom Allaah has given people to take care of. when he completed his mission he felt guilty. In an authentic narration from Sunan Al Bayhaqi.
As for your rights over your women. and your women have rights over you. Thereupon Suwaid b. and his slave. Your slaves are your brothers and Allah has put them under your command. Muqarrin said to him: You could find no other part (to slap) but the prominent part of her face. I asked about the reason for it. was wearing a similar one. Book 2. The youngest of us slapped her. and we had but only one slave-girl. you have rights over your women. their rights over you are that you should treat them well with regard to their clothing and food. but I did not recognise the voice due to intense anger. The Prophet (peace be upon him) made it clear that we shouldn't harm slaves: Saheeh Bukhari Volume 1. Number 4086 Abu Mas'ud al-Badri reported: "I was beating my slave with a whip when I heard a voice behind me: Understand."Verily. they are that they should not allow anyone to sit on your beds whom you dislike. Verily. Number 4082: Hilal b. Do not ask them (slaves) to do things beyond their capacity (power) and if you do so. 1163. 'O Abu Dhar! Did you abuse him by calling his mother with bad names You still have some characteristics of ignorance. and Allah's Messenger (may peace be upon him) commanded us to set her free." The Prophet said to me. Yasaf reported that a person got angry and slapped his slave-girl. Who would rape his own sister? The Prophet (peace be upon him) forbade causing physical harm to slaves: Saheeh Muslim Book 015. 1851). too. Abu ." (Reported by al-Tirmidhi. The Prophet (peace be upon him) said that our slaves are like our siblings. Book 015. or allow anyone into your houses whom you dislike. Number 29 Narrated Al-Ma'rur: At Ar-Rabadha I met Abu Dhar who was wearing a cloak. and Ibn Maajah. then help them. He (Abu Mas'ud) reported: As he came near me (I found) that he was the Messenger of Allah (may peace be upon him) and he was saying: Bear in mind. Abu Masud. So whoever has a brother under his command should feed him of what he eats and dress him of what he wears. See I was one of the seven sons of Muqarrin. He replied. "I abused a person by calling his mother with bad names.
Abu Mas'ud.'"(Sahih Bukhari. The narration states: Sahih al-Bukhari 4138 . .Mas'ud. coitus interruptus).Narrated Ibn Muhairiz: I entered the mosque and saw Abu Sa'id Al-Khudri and sat beside him and asked him about Al-Azl (i.The Prophet (peace be upon him) has prohibited causing harm to and oppressing those under our authority. If the Prophet (peace be upon him) forbade slapping and whipping slaves then it's unthinkable that he would have permitted raping them. 'It is better for you not to do so. we said. Critics would reply back and say that it's unthinkable that slave girls back then would hae willingly consented to having sex with their Muslim captors who just killed their family members. the burden of proof is upon him to show evidence for this exception. . no. our argument is as follows: . but will come to existence. It just makes no sense.If the critic says that the Prophet (peace be upon him) made an exception to this general prohibition by allowing one to rape his slave girl. I (then) said: I would never beat my servant in future. bear in mind. 4138) Here the critic's argument goes something like this: . "We went out with Allah's Messenger for the Ghazwa of Banu AlMustaliq. He (Aba Maslad) said: threw the whip from my hand. Thus.Rape is causing harm to someone and is considered a form of oppression . There is no person that is destined to exist.If he is not able to show evidence for this exception then we must assume that the Prophet's (peace be upon him) general command is upheld.e. They would usually point to the specific example of Banu Al-Mustaliq.. Thereupon he (the Holy Prophet) said: Bear in mind. thus proving that Islam forbids one to rape his slave girl. and we received captives from among the Arab captives and we desired women and celibacy became hard on us and we loved to do coitus interruptus. So. till the Day of Resurrection. 'How can we do coitus interruptus without asking Allah's Messenger while he is present among us?' We asked (him) about it and he said. Abu Sa'id said. verily Allah has more dominance upon you than you have upon your slave. when we intended to do coitus interruptus. Abu Mas'ud.
James Strong. The biblical Israelite went to battle as a messenger of God. and Ecclesiastical Literature" [Harper & Brothers. 146-147) . 2007] . Schwartz said: The Book of Deuteronomy prescribes its own rules for the treatment of women captured in war [ Deut 21:10-14 ] . B. whether military or athletic. in the hope of finding favor in the eyes of their captors in case of a defeat.According to my subjective logic it is inconceivable that slave girls would consent to having sex with the captors that just killed members from their tribe . Eerdmans Publishing. (Matthew B.. p. of course. The pretty girls crowd around the hero who scores the winning touchdown. though commentators disagree on some of the details. John McClintock said: Women who followed their father and husbands to the war put on their finest dresses and ornaments previous to an engagement. not around the players of the losing team. 1894]. the Islamic traditions show that Muslims raped their slave girls These critics are ignorant of history. The Western mind associates prowess. Yet he could also.And it is certainly true in war: the winning hero "attracts" the women. The Bible recognizes the realities of the battle situation in its rules on how to treat female captives. be caught up in the raging tide of blood and violence. for slave girls did consent to having sex with their captors back in the past. 782) Matthew B. with sexual success. "The Fruit of Her Hands: The Psychology of Biblical Women" [Wm. Theological. pp.In conclusion. Kaplan. Women have always followed armies to do the soldiers' laundry. "Cyclopædia of Biblical. and to serve as prostitutes They would often dress in such a way as to attract the soldiers who won the battle . Kalman J. to nurse the sick and wounded.The Islamic traditions show that Muslims had sex with their slave girls . Schwartz. (John McClintock.
However. One might object to the fact that the above authors are only speaking about the Israelite era. for by that time he would have treated her very nicely and convinced her that Islam is true and that it was her tribe's fault for starting the battle.How many women actually ended up having sex with their Muslim captors? . how does this prove that the Muslims raped their slave girls? How does the critic know whether the Muslim back then actually raped the slave girl who was unwilling to have sex with him? Isn't it possible that if he saw her unwilling he would have sold to her to another Muslim at a cheaper price? Or he would have purchased another slave girl who was willing to have sex with him? Or he would have waited for her to consent. How does the critic know that none of these things happened? What is his proof that the Muslims raped their slave girls? The narration doesn't show: . This is especially due to the fact that 1) It was possible for slave girls back in the past to consent to having sex with their captors and 2) Muslims were prohibited from harming their slave girls.Most importantly. Yes these things are possible.How many Muslim captors decided to go through with having sex with the slave girls? . what is his proof that this was approved by the Prophet (peace be upon him)? It's possible that Muslims committed sins back then and disobeyed the Prophet (peace be upon him). So where could the critic show us the Prophet (peace be upon him) approving of such behavior? He cannot and I challenge him to. etc. whether any slave girls were raped Even if the critic is successful in showing that the Muslims raped them. If the critic says that not all of the slave girls felt this way and there were bound to be some who didn't want to have sex. I would agree with him. Another narration that the critics appeals to is this: Sunan Abu Dawud Volume 2.Thus we see from two non-Muslim authors that slave girls back in the past would consent to having sex with their captors. there is nothing wrong with saying that slave girls back then consented to having sex with their captors. However. that is really not a good response. Thus. So if we put aside our 21st century mindset and look at history objectively. Number 2150 . one is required to provide proof that those slave girls who had sex with their Muslim captors did not consent. The point I am trying to make is that the idea of the possibility of slave girls willingly having sex with their captors is not absurd.
they are lawful for them when they complete their waiting period. They met their enemy and fought with them. Having overcome them and taken them captives. They defeated them and took them captives. 'And all married women (are forbidden) unto you save those (captives) whom your right hands possess'. they were lawful for them when their 'Idda period came to an end).Abu Said al-Khudri said: The apostle of Allah (may peace be upon him) sent a military expedition to Awtas on the occasion of the battle of Hunain. The critics would argue that no slave girl would consent to having sexual intercourse in the presence of her husband. The full Arabic text (found here) states: þÍÏËäÇ þ þÚÈíÏ Çááå Èä ÚãÑ Èä ãíÓÑÉ þ þÍÏËäÇ þ þíÒíÏ Èä ÒÑíÚ þ þÍÏËäÇ þ þÓÚíÏ þ þÚä þ þÞÊÇÏÉ þ þÚä þ þÕÇáÍ ÃÈí ÇáÎáíá þ þÚä þ þÃÈí ÚáÞãÉ ÇáåÇÔãí þ þÚä þ þÃÈí ÓÚíÏ ÇáÎÏÑí þ þÃä ÑÓæá Çááå þ þÕáì Çááå Úáíå æÓáã þ þÈÚË íæã þ þÍäíä þ þÈÚËÇ þ þÅáì þ þÃæØÇÓ þ þÝáÞæÇ ÚÏæåã ÝÞÇÊáæåã ÝÙåÑæÇ Úáíåã æÃÕÇÈæÇ áåã þ þÓÈÇíÇ þ þÝßÃä ÃäÇÓÇ ãä þ þÃÕÍÇÈ ÑÓæá Çááå þ þÕáì Çááå Úáíå æÓáã þ þÊÍÑÌæÇ ãä þ þÛÔíÇäåä þ þãä ÃÌá ÃÒæÇÌåä ãä ÇáãÔÑßíä ÝÃäÒá Çááå ÊÚÇáì Ýí Ðáß þ þæÇáãÍÕäÇÊ þ þãä ÇáäÓÇÁ ÅáÇ ãÇ ãáßÊ ÃíãÇäßã þ þÃí Ýåä áåã ÍáÇá ÅÐÇ ÇäÞÖÊ ÚÏÊåä If the reader does not know how to read Arabic. let him bring someone who does and ask him whether he can point out to him the words "in the presence of". . Then Allah. The words "in the presence of" are no where to be found in the Arabic text. The translation in Saheeh Muslim seems more accurate: Saheeh Muslim Book 008. sent down regarding that:" And women already married. sent down the Quranic verse. So here we see that the Muslim soldiers were feeling uncomfortable with engaging in sexual intercourse with women who were already married. So Allah. However. He won't be able to. 24)" (i. Number 3432: Abu Sa'id al-Khudri (Allah her pleased with him) reported that at the Battle of Hunain Allah's Messenger (may peace be upon him) sent an army to Autas and encountered the enemy and fought with them. e. the Exalted. However. Most High. except those whom your right hands possess (iv. That is to say. the Companions of Allah's Messenger (may peace be upon him) seemed to refrain from having intercourse with captive women because of their husbands being polytheists. the verse was revealed saying that it is permissible to engage in sexual intercourse with slave girls even if they are married. this is a completely false translation of the hadith. Some of the Companions of the Apostle of Allah (may peace be upon him) were reluctant to have intercourse with the female captives in the presence of their husbands who were unbelievers.
Well. in the particular narration) are idol worshippers. ÝíÄæá åÐÇ ÇáÍÏíË æÔÈåå Úáì Ãäåä ÃÓáãä . 2643. ÝåÄáÇÁ ÇáãÓÈíÇÊ ßä ãä ãÔÑßí ÇáÚÑÈ ÚÈÏÉ ÇáÃæËÇä . to come to own a slave girl) annuls the marriage between her and her disbeliever husband.g.e. Imam Nawawi in his commentary on this hadith states: ÝÅäå íäÝÓÎ äßÇÍ ÒæÌåÇ ÇáßÇÝÑ It (i. Source) Thus. He believes that God has the power and right to determine how divorce should take place (e. As long as they are following their religion they are forbidden to approach. Imam Nawawi goes on to say: æÇÚáã Ãä ãÐåÈ ÇáÔÇÝÚí æãä ÞÇá ÈÞæáå ãä ÇáÚáãÇÁ Ãä ÇáãÓÈíÉ ãä ÚÈÏÉ ÇáÃæËÇä æÛíÑåã ãä ÇáßÝÇÑ ÇáÐíä áÇ ßÊÇÈ áåã áÇ íÍá æØÄåÇ Èãáß Çáíãíä ÍÊì ÊÓáã ÝãÇ ÏÇãÊ Úáì ÏíäåÇ Ýåí ãÍÑãÉ . Sharh Saheeh Muslim. "What gives your Bible the right to declare a woman an adulteress if she happened to marry a man who divorced her by not following the proper procedures (Matthew 5:2)?" The Christian really has nothing to say except the fact that he believes that this is God's decree and submits to it. To debate the specifics is just useless.Imam Al Tabari in his commentary on Surah 4:24 cites several of the companions and second generation Muslims stating that the marriage of a woman is annulled after she has been captured and made a slave. This hadith and .e. The Muslim sees this decree to be internally consistent and submits to God's law that states that action x results in a divorce. what conditions are valid for divorce) and submits to them. (Imam Nawawi. Kitab: Al Ridaa'. These slave girls (i. One might shout out to the Christian as well. This is an external critique of Islam and the basis for this discussion really isn't about this topic in particular but about whether Islam really is true and whether this is God's decree. Commentary on Hadith no. we see that in the eyes of Islam this marriage becomes invalid (some opinions like that of the Hanafi school state other conditions required for the annulment to occur). Bab: Jawaaz Wati' Al Missbiyyah Ba'd Al Istibraa' wa en Kaana laha Zawj Infasakh. æåÐÇ ÇáÊÃæíá áÇ ÈÏ ãäå æÇááå ÃÚáã And know that the school of thought of Al Shafi'i and who agreed with him from amongst the scholars have stated that the idol worshipper and those whom have no religious book cannot be approached for sexual intercourse unless they convert to Islam first. The critic would definitely argue back stating "what gives your religion the right?" but that is not the point of discussion. the Muslim says the same thing in this regard.
The old sane Duraid bin As-Simmah. when analyzing the particular story mentioned in the hadith we see that no rape could have reasonably taken place. they are forbidden as well from engaging in sexual intercourse with idol worshipping slave girls. women and children with them to Awtas . In order to engage in the sexual act." "I swear by Allâh that you are nothing but a shepherd.the general leader . It differs from Hunain in its being adjacent to Dhi-Al-Majaz which is around ten miles from Makkah in 'Arafat's direction.42] The War-experienced Man wrongs the Leader's Judgement As soon as they had camped in Awtas." So he called Malik and asked him what made him do such a thing. They said: "Malik bin 'Awf had made people bring their women. properties and children with them. the donkeys' braying. one of the wives of the Prophet (peace be upon him)." answered Duraid. (Ibid) So here we see that a great number of scholars have argued that just as Muslims are forbidden to marry idol worshippers. "O Malik. people crowded round Malik. and who was among those who gathered round Malik. who was well-known as a war-experienced man. What? Why do I hear camels' growling. Furthermore. the children's cries and the sheep bleating?" asked Duraid. The most famous case being that of Safiyyah. [Fath Al-Bari 8/27.which is a valley in Hawazin land and is quite near Hunain. the Muslim must wait for the slave girl to convert to Islam and in Islam there is no shred of evidence whatsoever that the Muslim can force or compel his slave girl to convert to Islam. asked: "What valley are we in?" "In Awtas.decided to march and fight the Muslims. "Do you believe that there is anything whatsoever. We see cases in the life of the Prophet (peace be upon him) where slave girls willingly prefer to accept Islam over returning to their tribe due to recognizing the truth of Islam and injustice of their own tribe for provoking the Muslims to war. There is no other choice but to interpret the hadiths this way and Allah knows best. "What a good course it is for horses! It is neither a sharp pointed height nor a loosed soiled plain. he made his countrypeople take their wealth." then he resumed his talk and went on wondering about some septs and their leaders. Saifur Rahman al-Mubarakpuri states: The Enemy's March and their Encampment at Awtas When Malik bin 'Awf ." they said.whatever resembles it must be interpreted as implying that the slave girls accepted Islam. can stand in the way of a defeated one or stop him from fleeing? If you win the battle you avail nothing but a man with a sword and a spear. but if you lose you will bring disgrace on your people and properties. . Malik said that his aim was to have everybody's family and properties around them so that they fight fiercely to protect them. thrusting the distinguished people of Hawazin into the battlefield will avail you nothing.
Notice this crucial point. twenty four thousand camels. Distribution delay was due to the Prophet's hope that Hawazin's delegation might arrive and announce their repentance and consequently reclaim their loss. The first to receive booty and the ones who obtained the greatest number of shares were the people who had recently embraced Islam. but your kinsmen. So here we see that the Muslims were victorious and obtained an impressive amount of war booty. The booty was six thousand captives.Source) So here we see that it was the disbeliever's fault for bringing their own women and children to the battle field. Notice how the Prophet (peace be upon him) was not eager to keep the women and have his men rape them as some critics allege. Seeing that none of them arrived. the Messenger of Allâh [pbuh] had stayed over ten nights at Al-Ji'ranah before starting to distribute the booty. but if you were the loser it would be a loss of a battle. If you win. What happens next is amazing: . the Messenger of Allâh [pbuh] left for Ta'if to face the greatest number of the defeated idolaters. people and properties would not be lost. Ar-Raheeq Al-Makhtum (The Sealed Nectar): The Third Stage. over forty thousand sheep and four thousand silver ounces. After collecting the booty. The Prophet (peace be upon him) was not interested in invading their lands and taking their women as it would be made clear as we read on: A similar battalion of horsemen pursued the idolaters who threaded the track to Nakhlah and caught up with Duraid bin As-Simmah. The Prophet (peace be upon him) intentionally delayed distributing the booty because he wanted the Hawazin to come back and surrender and then collect their lost war booty. those whom you tarried will follow you.Raise them up to where they can be safe. Then make the young people mount their horses and fight. who was killed by Rabi'a bin Rafi'. he started dividing the booty so as to calm down the tribes' chiefs and the celebrities of Makkah. Continuing on: The Distribution of the Booty at Al-Ji'ranah Upon returning and lifting the siege in Ta'if." (Saifur Rahman al-Mubarakpuri.
Mercy is only real when one is in power to not be merciful yet willingly decides to be." The Messenger of Allâh [pbuh] said: "But in this way we are not able to find out who is content and who is not. just as we see the Prophet (peace be upon him) do in this situation (and many other situations as well). Therefore he who has some of theirs and will prefer willingly to give them back. The most desirable speech to me is the most truthful. "We will willingly offer them all for the sake of the Messenger of Allâh." Said Al-'Abbas bin Mirdas spontaneously. They asked him to bestow upon them some of the wealth and spoils. "We will grant none of what belongs to me and to Bani Tamim." But Al-Aqra' bin Habis said. But those who favours to keep what he owns to himself.". let them do. The only one who refused to comply with the Messenger's desire was 'Uyaina bin Hisn. offered to the Messenger of Allâh [pbuh]. Besides. Just look at the mercy of the Prophet (peace be upon him). said: "As for what belongs to me and to the children of Abdul Muttalib. and he will be given as a recompense six times as much from the first booty that Allâh may provide us. I have granted them a fair option but they refused to have anything other than their women and children. The Messenger of Allâh [pbuh] gave every captive a garment as a gift. however. who said: "As for me and Bani Fazarah. For this I have already tarried the distribution of the booty." All of them gave back the women and children. So go back and we will be waiting for your chiefs to convey to us your decisions. let them grant them back too. His people. but merciful human beings. so did 'Uyaina bin Hisn. They were fourteen men headed by Zuhair bin Sard." Then when I perform the noon prayer. They uttered so touching words that the Messenger of Allâh [pbuh] said to them: "You surely see who are with me. stand up and say: "We intercede with the Messenger of Allâh [pbuh] to exhort the believers. you may consider them. And I will ask my folksmen to give back theirs. Later on he let her go back." People then said. and we intercede with the believers to exhort the Messenger of Allâh [pbuh] to forego the captives of our people fallen to their lot. this is the true definition of the word "mercy". then. Thus. So here we see that the Muslims weren't raping savages. for this particular narration we can conclude that: ." So when the Messenger of Allâh [pbuh] performed the noon prayer." Al-'Abbas bin Mirdas also refused and said: "No" for Bani Saleem and him. from now on. from now on. Then the Messenger of Allâh [pbuh] said: "These people have come to you as Muslims. The Messenger's foster uncle was one of them.Arrival of the Hawazin Delegation Hawazin's delegation arrived a Muslims just after the distribution of spoils. He refused to let an old woman of theirs go back at first." Upon hearing that the Emigrants and the Helpers said: "What belongs to us is. Indeed. your wealth or your women and children?" They replied: "Nothing whatsoever compares with kinship. yours. Which is dearer to you.)" "You have undermined my position. I say 'No'. The Messenger [pbuh]. they stood up and said what they had been told to say. said otherwise: "Whatever spoils belong to us we offer to the Messenger of Allâh ([pbuh].
coitus interruptus). Again. The Muslim therefore. where is the rape? Even if Imam Malik said that you can rape her (which he didn't). doesn't have to ask for her permission to do azl when they make consensual sex. which states: Jami At-Tirmidhi 1137 . The man doesn't have the right to forbid his wife from having a child. which means that he could rape her. Malik bin Anas said: "The permission of the free woman is to be requested for Azl (i. it's only for the sake of argument)? The critic might reply back and say that the fact that the man has a "right" to have sex with his slave girl indicates that the man is permitted to do "all it takes" to take his rights. The first and most important thing to note is that the Prophet (peace be upon him) didn't say that." He would argue that this narration shows that one could engage in coitus interruptus without the permission of his slave girl.e. There is no evidence of any ill treatment of the slave girls by the Muslim soldiers. - - The Islamic critic would also appeal to the following narration. while the slave woman's permission need not be requested." . if the Muslim gets his slave girl pregnant. thus he must ask her permission before doing azl. he is not my final authority. So what evidence did Imam Maalik use then from the Qur'an and Sunnah to justify his statement that one can rape his slave girl (which he didn't say. The Muslims might have returned them back to their tribe before they had the chance to. Imam Maalik's reasoning was that the free woman has the right to have a child.Jabir bin Abdullah narrated: "We practiced Azl while the Qur'an was being revealed. the Prophet (peace be upon him) is. . However.- Muslims are not permitted to engage in sexual intercourse with idol worshippers unless they convert to Islam first and once they have converted to Islam it would make their consenting to sexual intercourse much easier. The Prophet (peace be upon him) is our final authority. . There is no evidence of any slave girls engaging in sexual intercourse with any Muslim soldier. Imam Maalik said that. there is no evidence that the Prophet (peace be upon him) approved of it. . Even if there is evidence. There is no evidence of any Muslim soldier raping his slave girl. she ceases to become his slave girl and he must marry her.
Plus. which no Muslim scholar in antiquity has stated.Even if we say that it is his right. one of the rights that a Muslim has over his brother is to be visited when he is sick and to be greeted with peace. We have also seen that history shows that slave girls in the past did consent to having sex with their captors. Since rape is considered a form of harm that would mean that rape is forbidden. there is nothing absurd in believing that the Muslims did not rape their slave girls especially since they were forbidden from doing so. Now is the critic seriously trying to argue that Islam would permit a man to physically abuse his children if they didn't give him his right of respect? Is he also trying to say that he can physically abuse and harm his sister if she were to try and steal some of his inheritance money? In Islam. thus if she refuses then he can hurt her! The Christian would reply back and say that he can't hurt his wife because there are other verses that state that he can't do so and this is exactly what we have shown in this article in regards to the slave girl. In conclusion.in order to obtain that right. so that "he gives me my right"? It seems like this is what he is saying if he were to be consistent. hence we must keep our subjective emotions aside and agree with this objective fact. Just like how it is his right to get inheritance if his father passes away. it is his right just like how it is his right to receive obedience from his children.even if it was forbidden . this could also work against the Christian. Conclusion Islam forbids one to harm those under his authority. And even if some of the Muslims back then did rape their slave girls. According to this logic. I can argue that the Bible states that the man has the right to have sex with his wife. if the Qur'an says someone is entitled to something or has a right to something that means that the person can do whatever he wants . this would only show that they committed a sinful act and not that the Prophet (peace be upon him) approved of such behavior. . Islam does not permit the Muslim man to rape his slave girl. In light of this fact. This is something absolutely ridiculous. does that mean that I can physically abuse him until he does. If my Muslim brother does not greet me with peace or visit me when I am sick. I am really speechless and don't really know how to reply back to such a laughable argument.
We must understand that the first recipients of the Message of Islam. Thus the above verse is forbidding men to have an intimate relationship with married women. unless those women are war captives. This custom of having sexual relations with slave-girls was practiced by virtually every culture at the time. . [which is the world as it was known in the 7th century] had a custom of taking women captives of war. The wars in the Pre-Islamic Arabian Penninsula were on a tribal basis.Did the Prophet Muhammad allow Muslim Soldiers to rape female Captives? Did Muslim Warriors Rape Female Captives? Anti-Islamists often raise -as a point of contention. and when the men were killed their women were taken and undoubtedly were treated quite inhumanely. “See! Islam doesn‟t respect womens rights and allows men to take them as slaves and force themselves on them! Boo Islam!“ THE HISTORICAL CONTEXT A call to grasping the historical context of this Qu‟ran verse is in order. It is easy to take this verse out of it‟s context and say.e. and thus it should be noted that Islam did not invent this practice. but also to have sexual relations with them.that there are several ahadith [traditions from the life of the Prophet Muhammad ~sallill'ahu 'aleyhi wa salaam~] and Qu‟ran verses which seem to allow not only for men to take female captives in war. They often point to Qu‟ran verses such as the following: “And all married women (are forbidden unto you -Muslims) save those whom your right hands possess. The hot button issue here is that men are seemingly given the permission to have sex with slave-women.” [Holy Qu'ran 4:24] The words that are translated into English in that verse as “those whom your right hands possess” is the Arabic phrase ma malakat aymanukum and in the classical Arabic it is a polite term for slaves captured in war. whether married or unmarried. even against their will [i. rape].
Furthermore. provide them board and lodge and give them respect. and the likelihood of Arab men taking “damaged goods” [as they are called] as their wives was unlikely. the Prophet Muhammad ~sallill‟ahu „aleyhi wa salaam~ was sent to abolish (or start the process of abolishing) all of that which was inhumane and degrading to mankind. After the intruding armies had left. etc. however.” Having the task of eliminating this [and hundreds of other] evils. the Prophet [saas] could have taken one of two paths: 1-To abolish it at once. Islam laid down rules which would eventually lead to eradicating the practice. then steps were taken via Qu‟ranic revelations and Prophetic instructions to discourage the practice of concubinage so much so that within 100 years of the death of the Prophet [saas]. before womens rights movements. In so doing. if any. forcing somebody into such a situation [i. 2-To do the same gradually with wisdom. He [saas] has said in an authentic tradition that “I have been sent to make perfect the moral character [of man]. to forgive people for that which they may have had inflicted on them or for sins they may have committed in their past. Once the hearts of his followers had reached this level of sublime morality. This was a time before homeless shelters. For. We cannot deny that Muslims were allowed to have intercourse with slave women taken as captives of just and legitimate wars. the woman would automatically become free if she became pregnant. The first duty of the Prophet [saas]. Imagine a woman whose male family members had all been killed on the battlefield in a dessimated and war-torn city.However. Allah [swt] and His Messenger [saas] preferred the second path because if such a deeply ingrained practice had been abolished at once then thousands of women would have been left to provide for themselves. then was to establish a more humane and compassionate view of women in his society.e. We have to consider what the condition of such women would have been had the institution of slavery not been in place. had to be consensual. it had been wiped out of the Arab penninsula as a whole. We see that the . etc. what was she to do? How would she support herself? Islam first dealt with this problem by putting them under the guardianship of Muslim men and mandated that they should treat them kindly. The intimate physical relation. Imagine what could have been their fate in that particular environment had things not been thus! THE TREATMENT OF CAPTIVES As stated. and gradually teach people to respect and have mercy on the “lower class” as they are called. her child would also become free. rape] is against the very spirit of Islam.
e. Hadith 4460. how can one think that Islam would allow the raping of slave women? There is also a hadith in Sunan Abu Dawud which mentions that a man forced his slave-girl into fornication [with other men]. But if anyone compels them [upon him is wrath]. is Allah. Most Merciful (to them). he may force her into such an action and the Hadith terms such an act as „punishing Allah‟s creatures. and he shall give her mistress a slave-girl similar to her. Hadith 5161.Prophet Muhammad [saas] ordered the Muslims to treat their war-captives fairly and to treat them how they themselves would wish to be treated: Narrated Abu Dharr: The Prophet (peace be upon him) said: “Feed those of your slaves who please you from what you eat and clothe them with what you clothe yourselves. or sell her. she will belong to him. Ibn Taymiyya authenticated it in his Majmu‟a al-Fatawa 4/360 saying „Some have doubted this Hadith for its chain but it is a Hasan Hadith. whereupon Allah [swt] sent down a special revelation of the Qu‟ran which stated: “But force not your maids to fornication when they desire chastity.” (Sunan Abu Dawud.” [Q 24:33].” (Sahih Muslim. but sell those who do not please you and do not punish Allah‟s creatures.e. . Also: The Prophet (pbuh) was narrated to have said. Hadith 3130) When slapping the slave is such a heinous crime in the House of Islam. If he will not. the master is supposed to either bare patiently with her. in order that ye may make a gain in the goods of this life. “He who slaps his slave or beats him. (Sunan Abu Dawud. yet. refuse to work for him or allow him to lay down with her.‟ IS IT LAWFUL TO RAPE A SLAVE-GIRL ACCORDING TO HADITH? The following Hadith even more explicitly states that it is unlawful to force a slave woman into physical relations: Narrated Salamah ibn al-Muhabbaq: The Messenger of Allah (peace be upon him) made a decision about a man who had intercourse with his wife‟s slave-girl as follows: If he forced her.‟) This is the most categorical Hadith maintaining that forced relationship is forbidden and it makes her free. if she asked him to have intercourse voluntarily. Oft-Forgiving. Albani classified it as Sahih) The Hadith clearly tells us that if a slave woman does not please her master i. after such compulsion. she is free. the expiation for it is that he should set him free. he will indulge in something wrong i. and he shall give her mistress a slave-girl similar to her.
if she is a free woman he must pay a “dowry” like that of her peers. wrote: “If a man acquires by force a slave-girl. to such an extent that the Caliph has the right to forbid it outright. Imam Malik was an early Muslim scholar who learned from the students of the Sahabah [companions of the Prophet Muhammad]. Imam Malik [raa] said. as well as the understanding of the early Muslims. it was already a custom which was non-existent in Arabia due to the stringent regulations and emphatic teachings of the Prophet Muhammad [saas]. based on these teachings. then the slave-girl will be taken from him. the blessed Umar ibn al Khattab [raa]. teaches us two things. SLAVE-RAPE ACCORDING TO ISLAMIC LAW: Due to these Prophetic Hadiths and Qu‟ran verses. particularly his closest companions. the companions of Muhammad [saas].” (Imam Maalik. and he will receive the punishment for illegal sexual . the early schools of Islamic Law actually stipulated punishments for men who raped female slaves. “In our view the man who rapes a woman. Al-Muwatta‟. regardless of whether she is a virgin or not. ordered the Muslims to send back female captives of war saying. is that the immediate followers of the Prophet Muhammad [saas]. -Otherwise why was „Umar saying that he would not like this to become a practice? It had already been a practice. then has sexual intercourse with her after he acquires her by force. yet his fatwa clearly states that a restitution must be paid to a slave girl who is raped. except that before „Umars Caliphate.THE VIEW OF THE COMPANIONS OF THE PROPHET: Also. This authenticated statement of „Umar ibn Al Khattab [raa] -who Muslims revere and who the Prophet Muhammad [saas] said of him “If there were to be any Prophet after me. after all! How could it become a practice again. “I would not like the taking of concubines to become a custom among the Arabs. and if she is a slave he must pay whatever has been detracted from her value. it would be „Umar” in fact.” [Related in Al Khilafa wal Khulafa' Rashidun p. considered the practice “makruh” -an Islamic ruling that means “hated by Allah” -and this is derived from the fact that the 2nd successor to Muhammad.160]. The punishment is to be carried out on the rapist and there is no punishment for the woman who has been raped. page 734) -Now. understood the practice to be something which was heavily frowned upon in the Islamic religion. which began within three years of the death of the Prophet [saas]. and if he is not excused by ignorance. Imam Shafi‟i [raa]. First it shows that by the time of „Umars [raa] rule. another early scholar of Islamic law. Volume 2. he is required to pay the fine. whatever the case. the practice had been erradicated? The second thing we learn from this statement of „Umar ibn Al-Khattab [raa].
or very soon after his death because of his teachings on the subject. was in fact its main opponent and destroyer. we see that the Prophet Muhammad [saas]. finally. page 253) -Imam Shafi‟is [raa] view was much more strict than that of Imam Malik [raa]. „Umar ibn Khattab [raa]. the early scholars of Islamic law considered raping female slaves a crime that carried with it certain corporal punishments. but she is removed from his guardianship. The companions of the Prophet Muhammad [saas] outlawed the practice of intimate relations with slave girls either toward the end of the life of the Prophet. Volume 3.” (Imam Al Shaafi‟i. who the Prophet [saas] said of him “Were there to be a Prophet after me it would be „Umar” considered the practice “detestable” and forbade the Arabs from partaking in it. Both the Qu‟ran and Hadith explicitly as well as implicitly forbid the raping of female captives. From these facts and others we could mention but have refrained from due to lack of time and will. as he not only said that the slave girl must be paid a restitution. And. and later eradicated. this is a practice Islam did not establish. Kitaabul Umm.intercourse [which is public lashing]. far from being the reason for concubinage in the world. not to mention the concept of “rape” is against clearly established principals of the Islamic religion. and the offender is to be publically lashed! SUMMARY: In conclusion the following key points are to be remembered: First. for he is truly the mercy to all humankind. but rather initially highly regulated. .
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