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Consent In Physical Relationship With Concubines
Is consent required before you have relations with concubines (POWs) because I could not find any classical legal text that requires it?
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16 Replies
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Consent In Physical Relationship With Concubines
updated 3 years ago
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16
Replies
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First of all, it must be understood that Islam has closed the doors for slavery. At this time there is no room according to the sharia for holding anyone as a slave or a concubine. For details, please see:
Secondly, consent in anything with someone being held against their will to begin with is not very intelligible.
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How is the enslavement of women and children who are not part of the military conflict be morally justified in Islam?
Why did the prophet enslave a whole tribe (Banu mustaliq and etc..) if enslavement of only captives on a battlefield is allowed.
Theoretically, you can just enslave any population or community by declaring its land as a battlefield.
How are relations with one’s daughter, wife or sister can be morally justified when their fathers, brothers and husband are still alive.
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Every culture and society has their own maroof o munkar meaning societal norms to uphold the justice in their own way. Those norms keep changing with time as human learn to explore better ways to identify prevent control and eradicate all forms of injustice from their society.
What Quran ask us to is excel in good work by avoiding injustice in all forms and upholding adl o ahsan.
We cannot just follow something that was considered acceptable in the past due to the societal norms of that time but it is no longer acceptable in our modern days society or we have a better way to to do. Otherwise that would be injustice and therefore a sin.
Slavery is one example. Taking over another country or tribe with force is another example.
We are not supposed to follow what was ordained or allowed for a nation 1400 yrs ago if there is a conflict between the letter and the spirit. The form can never prevail over the substance. It’s always the substance over form. We are a specie with free will and not compliance machines that follow rules without reason. There was no point of giving free will if things could be hard coded in our DNA. God knew things will change with time and man has to find news ways all the time in order to survive and thrive and to excel in good work the very purpose we are here on Earth.
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I suggest that you also read the history of Banu Al-Mustaliq. They were a very small tribe who were mobilizing an attack on Muslims. There are no moral questions to be raised, at least from the available historical accounts.
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Thank you sir, that was an almost satisfying answer but another question arises in my mind.
Allah says that you cannot change or inject anything in my shariat (i.e allowance for a man to practice polygamy ). hypothetically speaking if sometime in near future a war happen to broke out between to countries and one of them being an Islamic democracy So what is going to stop the leader or any ruling body in the country to enslave the Pows or the refugee population (which happen to be an obvious product of a full blown war) on the basis of the Quranic verses.
Also Regarding the Hadith in which the prophet prophcised the abolition of slavery. How can we be sure that it’s this era that the prophet was talking about.
Maybe we Muslims might reintroduce slavery in The near future as there is still a door unlocked (Pows).
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Muslims are not supposed to introduce or revive slavery. Quran dislikes slavery. Calls it, Fakku Raqabah, shackling of neck which need to set free. However if the world revives slavery we the Muslims will deal with it on the way. We will not make slaves form the prisoners of war and will apply the law of Mukatibat to help set free the slaves available in markets.
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…“In the battle of Bani Mustaliq, the prisoners captured were either freed in the battlefield as a favour while some others were freed on ransom. The Prophet (sws) brought the remaining prisoners to Medinah and while waiting for their families to procure them, gave them into the temporary custody of his Companions. Among them was Sayyidah Jawairiyah as well. Her father arrived with some camels as ransom. The Prophet (sws) inquired about the two well-bred camels he had hid behind. This astounded him so much – for he knew that there could be no way that the Prophet (sws) could have had knowledge of them – that he accepted faith. At this, Sayyidah Jawairiyah also accepted faith. The Prophet proposed for her to which her father consented. Upon this, the marriage was solemnised. The result of this marriage was that all the remaining prisoners of war were set free by the Muslim soldiers, since they thought that it was not appropriate to keep the Prophet’s in-laws in captivity”…
For details on Prisoners of Wars, please see:
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When I search ghamdi Sahabs opinions on this topic, I saw some videos where ghamdi quotes that Islam prohibited making of slaves from POWs. He quoted some verses from surah Mohammed. Even though the shabaas and the messenger used to capture POWs and enslave them even after the battle of badr.
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Three types of captives, however, were an exception to this rule:
1. Brutal adversaries, as per the dictates of the law of ‘اتمام الحجة’ (itmam-ul-hujjah), were required to be slain wherever found.
2. The captives of the Banu Qurayzah who met a fate decided by an arbitrator appointed by themselves: their men were slain and their women and children were sold as slaves.
3. Captives who were slaves prior to their capture and, at certain instances, were distributed among people as slaves.
It is obvious that these three cases were exceptions and the directive stated in the verse (47:4) never related to them. Consequently, if all the incidents of the Prophet’s times regarding prisoners of war are studied, it can be safely concluded that barring these three exceptions everything done was in conformity with the directive of Surah Muhammad.
For details, please see:
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What about battle of mustaliq , battle of Hunain and I have read about many other expeditions where many woman were enslaved.
I believe even during the time of Sahabs I have read texts that relates to enslavement of prisoners of wars also including the exceptions you mention above
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Wajeeh Sahab, please go through the article I shared in my response. The article has covered all such battles and how prisoners were treated in those battles.
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I have read the discussion link that you attached but I am still unable to understand that the prophet still distributed them prisoners among the army and they were allowed to have relations with the female captives.
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Abu Sa’id Al Khudri said “The Apostle of Allaah(ﷺ) sent a military expedition to Awtas on the occasion of the battle of Hunain. They met their enemy and fought with them. They defeated them and took them captives. Some of the Companions of Apostle of Allaah (ﷺ) were reluctant to have relations with the female captives because of their pagan husbands. So, Allaah the exalted sent down the Qur’anic verse “And all married women (are forbidden) unto you save those (captives) whom your right hand posses.” This is to say that they are lawful for them when they complete their waiting period.
Sunan Abi Dawud 2155Chapter 711: Regarding Intercourse With Captives, Book 12: Marriage (Kitab Al-Nikah)https://sunnah.com/abudawud:2155-
Please see:
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Can you also explain this Hadith on why didn’t harat Ali didn’t wait one month before he had relations with this slave women.
Narrated Buraida: The Prophet (ﷺ) sent
Ali to Khalid to bring the Khumus (of the booty) and I hated Ali, and Ali had taken a bath (after a sexual act with a slave-girl from the Khumus). I said to Khalid, “Don’t you see this (i.e. Ali)?” When we reached the Prophet (ﷺ) I mentioned that to him. He said, “O Buraida! Do you hate `Ali?” I said, “Yes.” He said, “Do you hate him, for he deserves more than that from the Khumlus.”
Sahih al-Bukhari 4350
Chapter 61: Sending ‘Ali and Khalid رضي الله عنهما to Yemen, Book 64: Military Expeditions led by the Prophet (pbuh) (Al-Maghaazi)
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Ahadith are the narrations of the onlookers. They usually miss some details. If Ali had intercourse with the slave girl, and the prophet didn’t not mind it, it means that the act was legitimate. There was no need to wait. She might have no physical relation with anyone before.
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