Presently, no sexual access to any female is permitted except through proper Islamic marriage contract.
....The Qur’an did
The Qur’an did allow sexual access to the concubines in the past due to specific circumstances mostly connected with the institutions of warfare and slavery which do not exist anymore.
The concept and institution of slavery and concubine is very old. The Jewish tradition acknowledged it and regulated it. "And if a man smite his servant, or his maid, with a rod, and he die under his hand; he shall be surely punished. Notwithstanding, if he continues a day or two, he shall not be punished: for he is his money [property]." (Exodus 21:20-21) King David is reported to have many concubines: “And David took more concubines and wives from Jerusalem, after he came from Hebron; and there were more sons and daughters born to David.” (Samuel II, 5:13) King Solomon had three hundreds of them: “Of the nations concerning which the Lord said to the people of Israel, You shall not go in to them, neither shall they come in to you; for surely they will turn away your heart after their gods; Solomon attached himself to these in love. And he had seven hundred wives, princesses, and three hundred concubines; and his wives turned away his heart.” (Kings I, 11:2-3)
Christianity did not abolish it and continued with the status quo. "Servants, be obedient to them that are your masters according to the flesh, with fear and trembling, in singleness of your heart, as unto Christ; Not with eye service, as men pleasers; but as the servants of Christ, doing the will of God from the heart; With good will doing service, as to the Lord, and not to men: Knowing that whatsoever good thing any man doeth, the same shall he receive of the Lord, whether he be bond or free. And, ye masters, do the same things unto them, forbearing threatening: knowing that your Master also is in heaven; neither is there respect of persons with him." (Ephesians 6:5-9) "Masters, give unto your servants that which is just and equal; knowing that ye also have a Master in heaven." (Colossians 4:1)
That is why Jefferson Davis, President of the Confederate States of America, had no difficulty arguing that: "[Slavery] was established by decree of Almighty God...it is sanctioned in the Bible, in both Testaments, from Genesis to Revelation...it has existed in all ages, has been found among the people of the highest civilization, and in nations of the highest proficiency in the arts."
Islam came at a time when the institution of slavery and concubines was an intrinsic part of the Arabian society as well as practiced by all surrounding countries and world civilizations. It was not up to Islam to abolish it unilaterally as it needed an approval from the other parties. It would have been disastrous to Islam and Muslim community if the Qur’an or the Prophet of Islam would have unilaterally abolished slavery. It would have encouraged the enemies to boldly attack the Muslim lands without fear of being enslaved and guaranteed freedom.
Roger Du Pasquier, in his famous book “Unveiling Islam” puts the point in the nutshell: “To answer this question, it should first be remarked that Islam has tolerated slavery but has never approved of it, and that all its teachings and prescriptions in this regard lead to its alleviation as far as possible in the short term, and, in the longer term, conduce to its progressive suppression. To abolish it would have been impossible in a world in which it was generally practiced by all the states which bordered on the new Muslim empire, and in which the idea of challenging the principle itself had not occurred to anyone. It was the custom to enslave prisoners of war -- when these were not simply massacred -- and the Islamic state would have put itself at a grave disadvantage vis-a-vis its enemies had it not reciprocated to some extent. By guaranteeing them humane treatment, and various possibilities of subsequently releasing themselves, it ensured that a good number of combatants in the opposing armies preferred captivity at the hands of Muslims to death on the field of battle.”
On the other hand, Islam took practical steps to alleviate the pains and sufferings of the slaves and concubines. It categorically forbade enslaving a free human being. Only the prisoners of wars could be enslaved. Islam created countless outlets for their manumission for instance, through expiation of sins, marriage, through the institution of Mukatabah where they can buy their freedom etc. The Qur’an ordained:
“Marry those among you who are single, or the virtuous ones among your slaves, male or female: if they are in poverty, Allah will give them means out of His grace: for Allah encompasseth all, and He knoweth all things. 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).” (24:32-33)
Islam stipulated numerous regulations to better the lot of slaves and concubines. The owners were required to feed them the food they consume by themselves and to cloth them with the same quality of dress which they use for themselves hence bringing them at par with the owner.
واخرج البخاري في الأدب عن جابر بن عبد الله قال: «كان رسول الله صلى الله عليه وسلم يوصي بالمملوكين خيرا ويقول: أطعموهم مما تأكلون، وألبسوهم من لبوسكم، ولا تعذبوا خلق الله».
وأخرج عبد الرزاق ومسلم والبيهقي في الشعب عن أبي هريرة عن النبي صلى الله عليه وسلم قال: «للمملوك طعامه، وكسوته، ولا يكلف من العمل إلا ما يطيق».
وأخرج البيهقي عن أبي ذر عن النبي صلى الله عليه وسلم قال: «إن الفقير عند الغني فتنة، وإن الضعيف عند القوي فتنة، وإن المملوك عند المليك فتنة، فليتق الله وليكلفه ما يستطيع، فإن أمره أن يعمل بما لا يستطيع فليعنه عليه، فإن لم يفعل فلا يعذبه».
Roger Du Pasquier writes: “There are many other hadiths which define Islam's true attitude in this regard. The Prophet said: 'Your slaves are your brethren; therefore whoever has a brother who depends upon him must feed and clothe him in the way he feeds and clothes himself; and should not impose upon him tasks which exceed his capacity; should you ask them to do such things, then you are obliged to help them.' The Sharia takes this injunction, among many others, into account when defining the responsibilities and duties of slaveholders.”
These Prophetic commandments were so effective that the slaves and slave owners used to wear the similar clothes as is clear from Abu al-Darda’a and Abu Zarr’s examples.
وأخرج ابن سعد عن أبي الدرداء أنه رؤي عليه برد وثوب أبيض، وعلى غلامه برد وثوب أبيض. فقيل له... فقال: سمعت رسول الله صلى الله عليه وسلم يقول: «اكسوهم مما تلبسون، وأطعموهم مما تأكلون».
إِن النبي صلى الله عليه وسلّم أعطى أبا ذر فتىً فقال: «أَطْعِمْهُ مِمَّا تأكلُ واكْسِهِ مِمَّا تَلْبَسُ» وكان لأبي ذر ثوب فشقه فاتَّزر نصفه، وأعطى الغلام نصفه، فقال له رسول الله صلى الله عليه وسلّم: «ما لِي أَرَى ثَوْبَكَ هَكَذَا؟» قال: يا رسول الله، قلت: «أَطْعِمُوهُمْ مِمَّا تَأكلونَ وَألبسوهم مما تلبَسُونَ» قال: «نَعَمْ» قلت: أعتقته، قال: آجَرَكَ الله يا أبا ذرٍ.
Roger Du Pasquier further observes: “There is another teaching which enjoins respect for the human dignity of slaves: 'Let none of you say, "This man, or this woman, is my slave". He must rather say: "This is my man, and this my woman."' Putting into relief the provisional character of social ties and the authority exercised by slave owners over their slaves, the Prophet said: 'It is true that God has made you their masters, but, had He so wished, He could equally well have made you their slaves.' “
The Prophet of Islam commanded such a treatment in view of the slaves’ equal humanity and dignity.
Du Pasquier states: “It should be very clearly underlined that the slavery once practiced in the Muslim world cannot be compared to the form it had assumed -- for instance -- in the Roman Empire. Islamic legislation subjected slave owners to a set of precise obligations, first among which was the slave's right to life, for, according to a hadith, 'Whoever kills his slave shall be killed by us'. In consequence, the murder of a slave was punished like that of a free man.”
The slave owners were not permitted to beat up their slaves. The Prophet (PBUH) insisted that he will plead on behalf of a slave male or female who was punished unjustly by the master or killed. The killer of a slave will never enter Paradise.
)وروى الطبراني وغيره مرفوعا ورواته ثقات: (من ضرب مملوكا ظلما اقتص منه يوم القيامة).
عن رسولِ الله قالَ: «أَلاَ مَنْ ظَلَـمَ معاهَداً وانْتَقَصَهُ، وكَلَّفَهُ فوقَ طاقَتِهِ، أَوْ أَخَذَ منهُ شيئاً بغيرِ طيبِ نفسٍ منهُ، فَأَنَا حَجِيجُهُ يومَ القـيامةِ»، وأشارَ رسولُ الله بإِصْبَعِهِ إلـى صَدْرِهِ، «أَلاَ وَمَنْ قَتَلَ مُعَاهَداً لهُ ذِمَّةُ الله وذِمَّةُ رسولِهِ، حَرَّمَ الله علـيهِ ريحَ الـجَنَّةِ، وإِنَّ رِيْحَهَا لَتُوجَدُ من مسيرةِ سبعينَ خريفاً»
Muslims were not permitted to strike their slaves. The Prophet forbade that categorically.
وأخرج البيهقي عن أبي سعيد الخدري قال: قال رسول الله صلى الله عليه وسلم: «إذا ضرب أحدكم خادمه فذكر الله فليمسك».
وأخرج الحكيم الترمذي في نوادر الأصول والبيهقي عن ابن عمر قال: قال رسول الله صلى الله عليه وسلم: «لا تضربوا الرقيق فإنكم لا تدرون ما توافقون».
The expiation of slapping a slave was to free him or her immediately.
وروى مسلم وأبو داود وغيرهما مرفوعا: (من لطم مملوكا له أو ضربه فكفارته أن يعتقه
وأخرج عبد الرزاق ومسلم عن زاذان قال: كنت جالسا عند ابن عمر فدعا بعبد له فأعتقه ثم قال: ما لي من أجره ما يزن هذا - وأخذ شيئا بيده - إني سمعت رسول الله صلى الله عليه وسلم يقول: «من ضرب عبدا له حدا لم يأته أو لطمه فإن كفارته أن يعتقه».
وأخرج عبد الرزاق وابن أبي شيبة وأحمد ومسلم وأبو داود والترمذي والنسائي عن سويد بن مقرن قال: كنا بني مقرن سبعة على عهد رسول الله صلى الله عليه وسلم، ولنا خادمة ليس لنا غيرها فلطمها أحدنا فقال النبي صلى الله عليه وسلم: «أعتقوها. فقلنا: ليس لنا خادم غيرها يا رسول الله. فقال النبي صلى الله عليه وسلم: تخدمكم حتى تستغنوا عنها ثم خلوا سبيلها».
The Prophet (PBUH) commanded the Muslims to forgive their slaves even if they made seventy mistakes a day.
وأخرج أبو داود والترمذي وحسنه البيهقي عن ابن عمر قال: «جاء رجل إلى النبي صلى الله عليه وسلم فقال: يا رسول الله كم نعفو عن العبد في اليوم؟ قال: سبعين مرة».
The abusers of slaves were given stern warnings that they could never enter the Paradise.
وأخرج البيهقي عن أبي بكر الصديق أن رسول الله صلى الله عليه وسلم قال: «لا يدخل الجنة سيء الملكة».
The Prophet (PBUH) kept on emphasizing upon the rights of slaves until the last moments of his life. The last words uttered by him were “Preserve your daily prayers and fear God regarding your slaves”.
واخرج البخاري في الأدب المفرد وأبو داود والبيهقي في الشعب عن علي قال: كان آخر كلام النبي صلى الله عليه وسلم: «الصلاة الصلاة، اتقوا الله فيما ملكت أيمانكم».
وأخرج البيهقي في الدلائل عن أم سلمة قالت: كانت عامة وصية رسول الله صلى الله عليه وسلم عند موته: «الصلاة الصلاة، وما ملكت أيمانكم، حتى يلجلجها في صدره وما يفيض بها لسانه».
وأخرج أحمد والبيهقي في شعب الإيمان عن أنس قال: كانت عامة وصية رسول الله صلى الله عليه وسلم حين حضره الموت: «الصلاة، وما ملكت أيمانكم، حتى جعل يغرغرها في صدره وما يفيض بها لسانه».
Slavery, thanks to this egalitarian spirit of Islam, was effectively reduced in the Muslim societies. Roger Du Pasquier concludes that: “Besides domestic slavery, which was generally imbued with a patriarchal character, there also existed a form of military slavery, which was frequently employed by princes in need of recruits, especially for their personal guards. This situation had the effect of conferring an often considerable influence and power on men of servile condition or origin, and some of these became the founders of great and illustrious dynasties such as the Tulunids and Mamlukes of Egypt. The object of a prosperous commercial sector, which under the Abbasid Empire was often the speciality of non-Muslims, particularly Byzantine and Venetian Christians, and Jews, slavery gradually declined in importance until, at the beginning of the present century, it was confined to a few survivals which have now disappeared entirely. Thanks to the strict traditional controls which have always regulated the practice, it would be difficult to deny that social conditions were remarkably humane during the great periods of Muslim civilization, and that these, moreover, were in conformity with the 'egalitarian' spirit of Islam, which, in a hadith, teaches that 'the blackest of Abyssinians' is superior to most noble of Quraishites, if he has more faith. -- p. 104 - 107
Annemarie Schimmel, in her famous book “Islam: An Introduction” also concludes that: “Slavery was not abolished by the Koran, but believers are constantly admonished to treat their slaves well. In case of illness a slave has to be looked after and well cared for. To manumit [free] a slave is higly 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 non-Muslim prisoners of war can become slaves, never a freeborn Muslim; therefore slavery is theoretically doomed to disappear with the expansion of Islam.”
Islam faced another phenomenon which was quite prevalent in the Near Eastern and Mediterranean countries of that time. It was the use of slave concubines as sex partners. Islam offered a threefold solution to this problem. Firstly, free them as a gesture of goodwill. Prophet Muhammad (PBUH) freed many female slaves and prisoners of war at multiple occasions. For instance, in the battle of Owtas and Hawazan he freed hundreds and thousands of such prisoners. The Qur’an also encourages Muslims to either free the slaves especially the female slaves out of compassion or by taking ransom.
“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 ecommanded): 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.” (47:4)
Those who could not be released through generosity or ransom had to be taken care of. The Qur’an encouraged the intermarriages between the male and female slaves. It also promoted marriages between free males and enslaved females. The dowry of enslaved females was reduced to half as a token of encouragement and persuasion. The Qur’an states:
“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 is better for you that ye practise self-restraint. And Allah is Oft-Forgiving, Most Merciful.” (4:25)
Forced prostitution of enslaved females was strictly forbidden. The Qur’anic injunction was straightforward:
“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).” (24:33)
The Prophet (PBUH) himself presented a better model. He freed his female slaves and then married them with a full fledged dowry like a free woman. He prescribed a double reward for such a generous action as the Hadith states:
عن أبـي بُرْدَةَ عن أبـيه قالَ: قالَ رسولُ الله: «إذَا أَعْتَقَ الرجلُ أَمَتَهُ ثم تَزَوَّجَهَا بـمهرٍ جديدٍ، كانَ لهُ أجرانِ». لفظُ حديثِ أحمدَ.
وفـي رواية أبـي داودَ: «إِذَا أَعْتَقَ الرجلُ أَمَتَهُ ثم أَمْهَرَهَا مهراً جديداً، كانَ لهُ أجرانِ».
Those who could not afford a new dowry were encouraged to educate the female slaves, free them and marry them without a new dowry. Their freedom was counted as dowry. The Prophet is reported to have said that such a person would also enjoy the double reward.
أبي موسى الأشعري رضي الله عنه قال: قال رسول الله صلى الله عليه وسلم: " ثلاثة لهم أجران رجل من أهل الكتاب آمن بنبيه وآمن بمحمد صلى الله عليه وسلم والعبد المملوك إذا أدى حق الله وحق مواليه ورجل كانت عنده أمة يطؤها فأدبها فأحسن تأديبها وعلمها فأحسن تعليمها ثم أعتقها ثم تزوجها فله أجران
Those who did not have the heart to free the female slaves out of generosity or ransom and could not free them to marry them were permitted to have sexual access to them. This was established in an effort to provide them with an incentive to take care of the females physically as well as financially. This sexual access was in lieu of them taking the responsibilities. Many of the females received their freedom by delivering a baby to the owner or at his natural death.
العرض العادي
