Female Slaves and Wives: Sexual Purity in Islam
Although the term “female slave” does not actually exist in Islam, historically we can see that the image we generally portray in our minds when we say male and female slave is actually related to Christians[1]Bible, Numbers 31/17-18; Exodus 21/7; 1 Kings 11/3 and Hindus[2]See Here. So since the common term is “female slave,” I am using this word. Today I want to make several comparative reviews between wives and female slave in Islam.
Wives, Female Slaves, and ‘Sexual Relations’
What we generally call marriage is called Nikah (نكاح) or Tazweej (تزويج) in Islamic terminology. Its lexical meaning is: union, pairing. The primary and main purpose of Nikah is sexual union. Sexuality is a basic human need. It must be fulfilled, and at the same time, it must also be controlled. The legal framework for fulfilling this need and simultaneously controlling it is Nikah, whose purpose is to legitimize the union of two genders.
The main purpose of Nikah is sexual intercourse. But in Islam, the purpose of the slave contract is not that.
There are two types of female slaves: general maidservants and Surriyyah (concubines). In Islam, sexual intercourse with female slaves has also been made lawful like with wives. In that case, the female slave will become a Surriyyah instead of a maidservant.[3]Quran 23:5-7, 4:24, 33:50, 70:30
The famous scholar Abu-Walid al-Baji al-Maliki (d. 474 Hijri) wrote,
لأن مقصود النكاح الوطء وليس مقصود الملك الوطء
The primary purpose of marriage is sexual intercourse [making it lawful], but the purpose of acquiring ownership of a female slave is not that.[4]Al-Muntaha Sharh al-Muwatta 4/82, Darul Kitab al-Islami, Egypt, 1332 Hijri https://shamela.ws/book/6684/1116
The jurists have decided,
If a person has sexual relations with “what his right hand possesses” (this metaphor is used in the Quran to refer to female slaves), then the rights between them become like a marriage contract. Laws regarding Mahram, non-Mahram, etc., will also apply.[5]Sharh al-Minhaj wa Hashiyat al-Kalyubi 3/243, Al-Mawsu’ah al-Fiqhiyyah al-Kuwaytiyyah 11/299-300 https://shamela.ws/book/11430/6875#p1
‘Marriage’ and ‘Acquiring Ownership’
It is mentioned in Hadith,
Prophet Muhammad (peace be upon him) said: There is no divorce before marriage and no manumission before acquiring ownership.[6]Ibn Majah 2048, Albani: Hasan Sahih https://www.hadithbd.com/hadith/link/?id=33045
That is, a wife becomes lawful through a marriage contract, and the right hand becomes lawful through an ownership acquisition contract. This is the difference between these two contractual paths. The equivalent meaning can also be understood from here,
The Messenger of Allah (peace and blessings be upon him) said: Divorce and manumission obtained by force will not be effective.[7]Ibn Majah 2046, Tahqiq Albani: Hasan https://www.hadithbd.com/hadith/link/?id=33043
Lawful Sexual Relations and Acts of Reward
Now we can look at another Hadith:
…Commanding good deeds, preventing from evil deeds is charity. Sexual relations with one’s own wife or female slave is also charity…[8]Muslim 1006, Ahmad 21482, Sunan al-Kubra lil Bayhaqi 7823, Silsilah as-Sahihah 454, Sahih at-Targhib 1556, Sahih al-Jami’ as-Saghir 2588, Mishkat 1898 https://ihadis.com/mishkatul-masabih/hadith/1898
Here too, sexual relations with both wife and female slave are charity. When a female slave becomes a concubine, she gains the right to receive sexual relations like a wife, that Surriyyah (concubine).
Responsibilities and Maintenance
Regarding responsibilities and maintenance:
| Wife | Female slave |
| You should feed them (wives) what you eat and clothe them with what you wear. Do not beat them and do not abuse them.[9]Sunan Abu Dawud 2144 https://www.hadithbd.com/hadith/link/?id=59512 | …Among your male and female slaves, those who please you, give them the same food you eat and the same clothes you wear…[10]Sunan Abu Dawud 5161 https://www.hadithbd.com/hadith/link/?id=62529 |
False Claim: Sex Slavery
Some dishonest people shout “sex slavery in Islam, sex slavery in Islam” in fields and neighborhoods. The matter is interesting. Encyclopedia Britannica mentions this subject,
Sex slavery, condition in which one human being is owned by another and is forced or otherwise coerced into working in the sex trade. Activities associated with sex slavery include prostitution, pornography, child sex rings, sex tourism, and such occupations as nude dancing and modeling. Sex trafficking is the procurement and transport of the victims.[11]Britannica, The Editors of Encyclopaedia. “sex slavery”. Encyclopedia Britannica, 10 Aug. 2022, https://www.britannica.com/topic/sex-slavery. Accessed 17 November 2022.
Is this in Islam? Recent examples of sex slavery can be drawn from the sex trade at Eden College by secular and free-thinking religious followers.[12]Such as: https://www.kalerkantho.com/online/national/2022/10/03/1189718 Or, one can mention the Devadasi system that has been going on for thousands of years by Brahmins.[13]See Here And here in Islam, if a female slave were to exist only for sexual work, then why would you take complete responsibility for her, that too at your own level? And on the other hand, Islam has stopped making female slaves engage in sex trade.
…If your female slaves want to preserve their chastity, do not force them into adultery in desire for the goods of worldly life…[14]Quran 24:33
False Claim: Prostitution
Read about this here:
Sexual Relations Before Becoming Lawful Means Adultery
Just as sexual intercourse with a (prospective) wife before marriage is included in adultery, similarly sexual intercourse with a female slave (who has not yet become one) before acquiring ownership (before purchase if acquired through purchase, before central distribution if through war) is included in adultery. Even after acquiring ownership of a female slave, one must wait for at least one menstrual cycle to ensure there is nothing in the womb (since sexual relations are prohibited if pregnant by another – we will see this ahead). This waiting is called Istibra.[15]Al-Islam fi Muwajahat al-Tahadiyat al-Mu’asirah, Al-Mawdudi (may Allah have mercy on him), Arabic translator: Khalil bin Ahmad al-Hamidi (may Allah have mercy on him), p. 100 https://www.noor-book.com/كتاب-الاسلام-في-مواجهه-التحديات-المعاصره-للشامله-pdf As an example, I am mentioning an incident of Hadd punishment from Hadith,
Dhirar ibn al-Azwar mistakenly engaged in sexual relations with a female captive before distribution.
Then, feeling remorseful, he told Khalid (the chief commander at that time) to write a letter to Umar (may Allah be pleased with him) about this matter. Umar (may Allah be pleased with him) wrote back telling him to execute him by stoning.
It should be noted that Dhirar had died before this letter arrived.[16]Briefly mentioned, Sunan al-Kubra al-Bayhaqi 9/177, Hadith No. 18222 https://shamela.ws/book/7861/20727 ; This hadith is not sahih for two reasons: (a) The narrator Harun bin Asim did not meet Umar ibn al-Khattab, Imam Abu Hatim called this chain Mursal (Al-Jarh wa al-Ta’dil 9/99), and Imam Shafi’i’s conditions are also not fulfilled. (b) The correct ruling on Harun bin Asim is unknown, we did not find anyone’s statement except Ibn Hibban’s statement (Al-Siqat 5/508) about whether the said narrator is trustworthy or weak, and Ibn Hibban’s individual authentication is not acceptable. [We have mentioned this not as evidence, but only as an incident, readers can skip it if they wish, and the ruling that sexual relations with a female slave before acquiring ownership is included in Hadd is general and not dependent on this hadith]
Just as there are rules about who is prohibited as a wife, there are similar rules about who is prohibited as a female slave.
Just as someone married by the father is forbidden for the son, similarly if the father has physical relations with any of his subordinates, then that female slave becomes forbidden for the son.
Lineage and Sexual Purity
Islam has established the highest rules to keep the lineage pure.
For example, adopting a child by giving one’s own father’s identity is prohibited[17]Quran 33:4-5, even if you raise them, you cannot put your name in place of their father’s, they will be known by their father’s name.[18]Mishkat 3315 http://www.hadithbd.com/hadith/link/?id=68642
If a healthy normal child is born before six months of marriage, that child will not be attributed to that husband.[19]https://www.islamweb.net/en/fatwa/390649/gave-birth-less-than-six-months-after-marriage
Sexual Relations with Menstruating Women and Those Pregnant by Others is Forbidden
Sexual intercourse with someone pregnant by another (after divorce/death of previous husband when remarrying) is prohibited. It is also prohibited during menstruation. The same law applies to female slaves:
The Messenger of Allah (peace and blessings be upon him) saw a woman in advanced pregnancy during a battle and said: Perhaps her master had sexual relations with her. People said, yes. He said: I wanted to curse the one who had sexual relations so that he would enter the grave in a cursed state. How can he make that child his heir when it is not lawful for him? And how can he make this child a slave? When it is not lawful for him.[20]Sunan Abu Dawud 2156 http://www.hadithbd.com/hadith/link/?id=59524[21]Sahih Muslim Ifaba 3431 http://www.hadithbd.com/hadith/link/?id=13042
The Messenger of Allah (peace and blessings be upon him) said about the captive female slaves of the Battle of Awtas: You cannot have sexual relations with a pregnant woman before she gives birth. And you cannot have sexual relations with a non-pregnant woman until her menstruation ends.[22]Sunan Abu Dawud 2157 http://www.hadithbd.com/hadith/link/?id=59525
It is not lawful for a person who believes in Allah and the Last Day to water another’s crop with his own water. That is, to have sexual relations with a pregnant woman. It is not lawful for a person who believes in Allah and the Last Day to have sexual relations with a captive woman until she gives birth and becomes pure. And it is also not lawful for a person who believes in Allah and the Last Day to sell war booty before distribution.[23]Sunan Abu Dawud 2158 http://www.hadithbd.com/hadith/link/?id=59526
So brother, if female slaves in Islam’s rules were only ‘sex slaves’, then why would such rules come?
Waiting Period (Iddah)
We know that when a husband divorces, the wife has to observe a waiting period of up to 3 menstrual cycles. If there is to be a child, signs of pregnancy will appear within this time.
Similarly, almost the same rule applies to female war captives.
According to Hanafi jurisprudence,
When the army takes a woman captive followed by her husband who is also taken captive sooner or later and either the woman does not have menses during that period or has had upto three menses but she is not taken out of the Territory of War before her husband is taken, their marriage shall continue. Whosoever of the two is taken captive and brought to the Territory of Islam before the other, their marriage shall cease to exist.
If a woman and her husband are captured together (or the husband first) and brought to Muslim territory, then their marriage will remain intact, and no one else will have the right to sexual relations with that woman at that time.
If only the woman is captured without her husband, as long as she remains in that war zone, their marriage will remain intact. After leaving that area, she must wait for three menstrual cycles, only then can the state distribute her. If the woman remains in that battlefield and her husband is captured in the meantime, their marriage will remain intact.[24]Taken from the writings of Imam Abu Hanifa’s student, Muhammad ibn al-Hasan al-Shaybani.
See: Kitab Al-Siyar Al-Saghir – The Shorter Book on Muslim International Law, Translated by Mahmood Ahmad Ghazi, Islamic Research Institute, Islamabad, 1998 p.51 https://www.kalamullah.com/Books/Kitab%20al-Siyar%20as-Saghir.pdf
From Hadith,
…When war captive female slaves complete their waiting period, then they become lawful for you.[25]Sunan Abu Dawud 2155 https://www.hadithbd.com/hadith/link/?id=59523
Even after this, a group of intellectuals will call female slaves ‘sex slaves’. Actually, these people have nothing in their heads except cow urine and Islamophobia!
One Woman and Simultaneous Sexual Relations with Multiple Men is Prohibited
Another rule for maintaining purity: in Islam, no woman can have sexual relations with multiple men simultaneously (within three menstrual periods).
Such were two of the three types of marriages in the Jahili period that were prohibited. In the age of ignorance, there were also marriages where one woman would engage in sexual relations with multiple men simultaneously.[26]Sahih al-Bukhari, Ifaba, 4751 http://www.hadithbd.com/hadith/link/?id=5057
Similarly, no one can have sexual relations with a female slave under multiple ownerships. A master can have relations with a female slave if she is under complete ownership.[27]Al-Mawsu’ah al-Fiqhiyyah al-Kuwaytiyyah 23/47 https://shamela.ws/book/11430/13834
Ibn Qudamah al-Maqdisi (d. 620) wrote,
كما لا يجوز وطء الجارية المشتركة
Sexual relations with a jointly owned female slave are not permissible.[28]Al-Mughni, Cairo edition, 6/64 https://shamela.ws/book/8463/2386
The same is mentioned in the fatwa of IslamWeb.[29]حكم ملك اليمين وشروط معاشرتها, الثلاثاء 6 شوال 1421 – 2-1-2001, https://web.archive.org/web/20130514035028/http://fatwa.islamweb.net/fatwa/index.php?page=showfatwa&Option=FatwaId&Id=6186 ; https://shamela.ws/book/27107/49790
Even if the father acquires ownership of the son’s Surriyyah, he cannot have sexual relations.[30]Al-Mughni 8/276; Kitab Fatah al-Alam fi Dirasat Hadith Bulugh al-Maram 7/217
Female slaves are only for sexual work, right? Then why is sexuality with female slaves being bound by rules like husband and wife for no reason?
Marrying Two Sisters Simultaneously is Forbidden
Allah the Almighty said,
Bringing together two sisters (has been made forbidden for you).[31]Quran 4:23
This law applies to both marriage and ownership acquisition. You cannot take two sisters simultaneously as wives (marriage), nor can you take them simultaneously as concubines (from female slaves).[32]IslamWay Fatwa No. 61997 http://iswy.co/e1436p
Umm Walad
If a female slave gives birth to her master’s child, then that female slave becomes free immediately upon the master’s death. And the master cannot sell her. Read about this:
Giving Female slaves in Marriage and Encouraging Marriage
Allah the Almighty said,
And marry the unmarried among you and the righteous among your male slaves and female slaves. If they should be poor, Allah will enrich them from His bounty, and Allah is all-Encompassing and Knowing.[33]Quran 24:32
In Hadith:
…A person who had a beautiful female slave, taught her good behavior and manners, then freed her and married her only for Allah’s pleasure. His reward will also be doubled…[34]Tirmidhi 1116 http://www.hadithbd.com/hadith/link/?id=39980
You can also see [35]Mufti Muhammad Shafi’, Ma’ariful Qur’an- Translation by Muhammad Ishrat Husain, Karachi, n.d. vol.6 pp.423-424.
Unnecessarily Beating Female slaves is Also Prohibited
Narrated from Abu Umar (may Allah have mercy on him):
He said, I came to Ibn Umar (may Allah be pleased with him), and in the meantime he had freed a slave. The narrator said that he took a stick or something else from the ground and said, there is no virtue in freeing him equal to this. But I heard the Messenger of Allah (peace and blessings be upon him) saying: Whoever slaps his slave or beats him, the atonement for this is to free him.[36]Sahih Muslim, Hadith No. 4190 http://www.hadithbd.com/hadith/link/?id=51273
Why is Sexual Relations Between Master and Female Slave Permitted?
Allah is All-Knowing. He is the Best Judge. We do not know why He would do any work, we can only speculate.
According to the jurists, possible reasons for allowing sexual relations with subordinate female slaves :
- Preserving their chastity so they do not engage in adultery.
- Preserving the master’s purity/chastity as well.
- By giving birth to the master’s child, she can become free through the Umm Walad law. Etc.[37]Al-Mawsu’ah al-Fiqhiyyah al-Kuwaytiyyah 11/297 https://shamela.ws/book/11430/6869#p1
However, if desired, one can refrain from sexual relations with the female slave and keep her only as a maidservant, which we mentioned earlier.
Sexual Relations with One’s Own Female Slave Married to Another is Also Forbidden
If a female slave is married to someone else/given in marriage to someone else, sexual relations with her are forbidden.
We get from Hadith,
ابن ابی شیبہ
کتاب: سزاؤں کا بیان
باب: اس آدمی کے بیان میں جو اپنی باندی سے وطی کرلے درآنحالیکہ اس کا خاوند ہو
حدیث نمبر: 29152(۲۹۱۵۲) حَدَّثَنَا عِیسَی بْنُ یُونُسَ ، عَنِ ابْنِ أَبِی عَرُوبَۃَ ، عَنْ قَتَادَۃَ ، عَنْ رَجَائٍ ، عَنْ قَبِیصَۃَ بْنِ ذُؤَیْبٍ ؛ أَنَّ رَجُلاً وَقَعَ عَلَی جَارِیَتِہِ وَلَہَا زَوْجٌ ، فَضَرَبَہُ عُمَرُ بْنُ الْخَطَّابِ مِئَۃً نَکَالاً۔
A man engaged in sexual relations with his female slave who was married to another person. Then Umar (may Allah be pleased with him) gave that man 100 lashes as punishment.[38]Musannaf Ibn Abi Shaybah, 29152, 29153 [Sahih https://shamela.ws/book/333/34933]
These show what the position of female slaves is in Islam, what female slaves mean in Islam!
If any misguided person really wants to know what a ‘sex slave’ is, then they should search and see what sex slave means. If someone has a mental adverse formation and really wants to say ‘sex slave’, they should get used to using the two terms ‘sex husband’ and ‘sex wife’.
Is Allah not the most just of all judges?
Quran 95:8
Other Allegations of Skeptics Regarding Female Slaves
You can see about that:
- ماذا عن التسري بملك اليمين؟
- Were the female war captives of Banu Mustaliq raped?
- Is sexual abuse and intercourse with one’s own female slaves legitimate in Islam?
- Slavery in Free Thought VS Slave Laws in Islam
References
| ⇧1 | Bible, Numbers 31/17-18; Exodus 21/7; 1 Kings 11/3 |
|---|---|
| ⇧2 | See Here |
| ⇧3 | Quran 23:5-7, 4:24, 33:50, 70:30 |
| ⇧4 | Al-Muntaha Sharh al-Muwatta 4/82, Darul Kitab al-Islami, Egypt, 1332 Hijri https://shamela.ws/book/6684/1116 |
| ⇧5 | Sharh al-Minhaj wa Hashiyat al-Kalyubi 3/243, Al-Mawsu’ah al-Fiqhiyyah al-Kuwaytiyyah 11/299-300 https://shamela.ws/book/11430/6875#p1 |
| ⇧6 | Ibn Majah 2048, Albani: Hasan Sahih https://www.hadithbd.com/hadith/link/?id=33045 |
| ⇧7 | Ibn Majah 2046, Tahqiq Albani: Hasan https://www.hadithbd.com/hadith/link/?id=33043 |
| ⇧8 | Muslim 1006, Ahmad 21482, Sunan al-Kubra lil Bayhaqi 7823, Silsilah as-Sahihah 454, Sahih at-Targhib 1556, Sahih al-Jami’ as-Saghir 2588, Mishkat 1898 https://ihadis.com/mishkatul-masabih/hadith/1898 |
| ⇧9 | Sunan Abu Dawud 2144 https://www.hadithbd.com/hadith/link/?id=59512 |
| ⇧10 | Sunan Abu Dawud 5161 https://www.hadithbd.com/hadith/link/?id=62529 |
| ⇧11 | Britannica, The Editors of Encyclopaedia. “sex slavery”. Encyclopedia Britannica, 10 Aug. 2022, https://www.britannica.com/topic/sex-slavery. Accessed 17 November 2022. |
| ⇧12 | Such as: https://www.kalerkantho.com/online/national/2022/10/03/1189718 |
| ⇧13 | See Here |
| ⇧14 | Quran 24:33 |
| ⇧15 | Al-Islam fi Muwajahat al-Tahadiyat al-Mu’asirah, Al-Mawdudi (may Allah have mercy on him), Arabic translator: Khalil bin Ahmad al-Hamidi (may Allah have mercy on him), p. 100 https://www.noor-book.com/كتاب-الاسلام-في-مواجهه-التحديات-المعاصره-للشامله-pdf |
| ⇧16 | Briefly mentioned, Sunan al-Kubra al-Bayhaqi 9/177, Hadith No. 18222 https://shamela.ws/book/7861/20727 ; This hadith is not sahih for two reasons: (a) The narrator Harun bin Asim did not meet Umar ibn al-Khattab, Imam Abu Hatim called this chain Mursal (Al-Jarh wa al-Ta’dil 9/99), and Imam Shafi’i’s conditions are also not fulfilled. (b) The correct ruling on Harun bin Asim is unknown, we did not find anyone’s statement except Ibn Hibban’s statement (Al-Siqat 5/508) about whether the said narrator is trustworthy or weak, and Ibn Hibban’s individual authentication is not acceptable. [We have mentioned this not as evidence, but only as an incident, readers can skip it if they wish, and the ruling that sexual relations with a female slave before acquiring ownership is included in Hadd is general and not dependent on this hadith] |
| ⇧17 | Quran 33:4-5 |
| ⇧18 | Mishkat 3315 http://www.hadithbd.com/hadith/link/?id=68642 |
| ⇧19 | https://www.islamweb.net/en/fatwa/390649/gave-birth-less-than-six-months-after-marriage |
| ⇧20 | Sunan Abu Dawud 2156 http://www.hadithbd.com/hadith/link/?id=59524 |
| ⇧21 | Sahih Muslim Ifaba 3431 http://www.hadithbd.com/hadith/link/?id=13042 |
| ⇧22 | Sunan Abu Dawud 2157 http://www.hadithbd.com/hadith/link/?id=59525 |
| ⇧23 | Sunan Abu Dawud 2158 http://www.hadithbd.com/hadith/link/?id=59526 |
| ⇧24 | Taken from the writings of Imam Abu Hanifa’s student, Muhammad ibn al-Hasan al-Shaybani.
See: Kitab Al-Siyar Al-Saghir – The Shorter Book on Muslim International Law, Translated by Mahmood Ahmad Ghazi, Islamic Research Institute, Islamabad, 1998 p.51 https://www.kalamullah.com/Books/Kitab%20al-Siyar%20as-Saghir.pdf |
| ⇧25 | Sunan Abu Dawud 2155 https://www.hadithbd.com/hadith/link/?id=59523 |
| ⇧26 | Sahih al-Bukhari, Ifaba, 4751 http://www.hadithbd.com/hadith/link/?id=5057 |
| ⇧27 | Al-Mawsu’ah al-Fiqhiyyah al-Kuwaytiyyah 23/47 https://shamela.ws/book/11430/13834 |
| ⇧28 | Al-Mughni, Cairo edition, 6/64 https://shamela.ws/book/8463/2386 |
| ⇧29 | حكم ملك اليمين وشروط معاشرتها, الثلاثاء 6 شوال 1421 – 2-1-2001, https://web.archive.org/web/20130514035028/http://fatwa.islamweb.net/fatwa/index.php?page=showfatwa&Option=FatwaId&Id=6186 ; https://shamela.ws/book/27107/49790 |
| ⇧30 | Al-Mughni 8/276; Kitab Fatah al-Alam fi Dirasat Hadith Bulugh al-Maram 7/217 |
| ⇧31 | Quran 4:23 |
| ⇧32 | IslamWay Fatwa No. 61997 http://iswy.co/e1436p |
| ⇧33 | Quran 24:32 |
| ⇧34 | Tirmidhi 1116 http://www.hadithbd.com/hadith/link/?id=39980 |
| ⇧35 | Mufti Muhammad Shafi’, Ma’ariful Qur’an- Translation by Muhammad Ishrat Husain, Karachi, n.d. vol.6 pp.423-424 |
| ⇧36 | Sahih Muslim, Hadith No. 4190 http://www.hadithbd.com/hadith/link/?id=51273 |
| ⇧37 | Al-Mawsu’ah al-Fiqhiyyah al-Kuwaytiyyah 11/297 https://shamela.ws/book/11430/6869#p1 |
| ⇧38 | Musannaf Ibn Abi Shaybah, 29152, 29153 [Sahih https://shamela.ws/book/333/34933] |
