Retrieving the humane and egalitarian voice of the Qur’an is an important task of our times, especially in contexts where politico-militant groups seek to co-opt certain interpretations of the Islamic Shari’ah to promote their dubious projects that subjugate women’s dignity, rights and moral agency.
Consider the treatment of captured women in war/
“female slaves” by the so-called ‘Islamic State of
Iraq and Syria’ (ISIS) under
‘Caliph’ Abu Baker Al Baghdadi. During 2014-’17,
when
the ISIS under the Caliph ruled
over
an ‘Islamic State’
after his band of fighters and followers held
control over parts of Iraq and Syria; it captured hundreds
of females
belonging to the minority Yazidi community as
prisoners
of war. Claiming
that Islamic theology permits
both the
enslavement
and the establishment of sexual relations with women captives, the
ISIS established
“slave markets” in
the areas under its control to
“trade” in the ‘female
slaves’
so as
to
distribute them among the fighters of the Islamic
State.
When some of those young women and teenage girls escaped from the
clutches of these marauders operating in the name of 'Islam', their harrowing experiences sent
shock-waves across the global community. 
"Islam today is in a very precarious state, and its light has been almost completely eclipsed. The Muslims have erred not only in their beliefs but also in their practices. They have fabricated some Traditions which have not only adversely affected their character, but are also contrary to the Divine law of nature. For example, Divine law has established three basic human rights: One must not kill an innocent person, one must not injure someone’s honour, and one must not unjustly appropriate another person’s property. And yet there are Muslims who break all three of these commandments. They murder innocent people and do not fear God, and their foolish Maulawis have even issued edicts declaring it lawful to lure away or capture women of other religions—whom they consider infidels—and to take them as wives. Similarly, they consider it lawful to usurp the property of any disbeliever through embezzlement or theft. Just consider the perilous state of the religion whose Maulawis issue such edicts! All this is the work of egotistic people who falsely attribute such teachings to God and His Messenger." (How to be Free from Sin, pp-15-16, UK: 2008 edn).
Oppressive interpretations of the Divine Speech is often a legacy of flawed Scriptural exegesis and cannot stand the critical scrutiny of Qur’an’s liberatory hermaneutics. Since the ‘Islamic State’ sought to justify the enslavement and sexual assault on female captives in terms of the Shariah, it is important to debunk these fraudulent claims by placing before the world the proper context and interpretation of the verses of the Holy Qur’an pertaining to the subject. In his Friday Sermon of 13 July 2018 (28 Shawwal 1439 AH), Hadhrat Muhyi-ud-Din Al Khalifatullah Munir Ahmad Azim Saheb (atba) of Mauritius makes an important intervention on this larger debate. Explaining the Qur’anic expression “Maa Malakat ‘Aymaanuhum” (What your Right Hands Possess”, Hadhrat Saheb (atba) draws attention to the need for engaging with the overall framework of the Qur’an in teasing out the meaning of the Divine Discourse. There is no verse in the Qur’an that sanctions concubines and the Holy Book affirms that married women are not lawful for other men before the dissolution of the previous marriage. To protect the dignity of unclaimed female war captives- separated from their relatives socially and morally- who would not be in a position to dissolve any previous marriage; the Qur’an, however, makes an exception in the case of such female prisoners of war and permits that relations with such women (“What your Right Hands Possess”) can be established through wedlock even if the former marriage is not formally dissolved. Any assumption that (sexual) relations with female captives is permitted without marriage is rejected by the Qur’an (24:33, 4:4, 26), points out Hadhrat Khalifatullah (atba).
Read the Friday Sermon Below:
The
Expression: What your Right Hands Possess”
“And
those who guard their chastity; Except from their wives or what their
right hands possess, for then surely they are not to be blamed.”
(Al-Mu'minun, 23: 6-7).
Much
misunderstanding prevails as to what the expression “their
right hands possess”
means, and what are the rights and status of the persons to whom it
applies.
It
should be clearly understood that Islam has condemned slavery in no
uncertain terms. According to it, it is a moral sin to deprive a
person of his liberty, unless of course, he renders himself liable to
a loss of liberty by taking part in a war waged to destroy Islam or
an Islamic State. It is also a grievous sin to buy or sell slaves.
All human beings are equal in the sight of God and enjoy equal human
rights. Islamic teachings on this point are quite clear, unequivocal
and emphatic. According to Islam, a person who makes another person
his slave commits a grave sin against God and man (Bukhari, Abu
Dawud).
It
is also worthy of note that when Islam came into the world, slavery
was a part and parcel of the human social system and there existed
large number of slaves in every country. It was not feasible, even
wise, to abolish, with a stroke of the pen, an institution which had
become so inextricably interwoven into the whole texture of human
society, without doing serious injury to its moral tone. Islam,
therefore, sought to abolish it gradually but effectively and surely.
The
Quran has laid down the following very sound principles for the
speedy and complete abolition of slavery:
-
Prisoners of war can only be taken after a regular battle.
-
They cannot be retained after the war is over.
-
They are to be set free either as a mark of favour or by exchange of prisoners.
The
Holy Quran says: “So,
when you encounter those who disbelieve (in battle), smite at their
necks; until you have crushed them, then bind your captives
firmly; thereafter (you are entitled to) set them free, either by an
act of grace, or against ransom, until the war ends. That is for
you to do (i.e. this is what you are commanded to do).”
(Muhammad 47: 5).
Those
unfortunate persons however, who, may fail to gain their freedom
through any of these means, or should choose to remain with their
Muslim masters can purchase it by entering into a contract of
manumission called Mukatabat.
“And
let those who do not find the financial means for marriage keep
themselves chaste, until Allah enriches them of His Bounty. And such
of those whom your right hands possess (i.e. your slaves and
captives) as seek a writing (of emancipation), give them such
writing, if you know that they are good and trustworthy. And give
them something yourselves out of the wealth of Allah which He has
bestowed upon you. And do not force your maids to prostitution, if
they desire chastity, in order that you may make a gain in the
(perishable) goods of this worldly life. But if anyone compels them
(to prostitution), then after such compulsion, Allah is (to those
women) Oft-Forgiving, Most Merciful.”
(An-Nur
24: 34).
Now
if a woman is taken prisoner in a war of the nature I just mentioned
and thus loses her liberty, she has the following avenues open to
secure her freedom. Her relatives or her state can pay a ransom and
get her free. She can be released in an exchange of prisoners of war.
She can enter into an agreement, i.e. the Mukatabat.
If she fails to get her release by any of these methods, it will be
obvious that she may consider it dangerous to go back to her country.
In that event, she should be married to one of her captors. In case
she bears him a child, she will be a free woman and will not be
considered a prisoner of war anymore.
Since
there are so many avenues open to effect her release, if a female
prisoner of war does not avail of any of them, then getting her
married to one of her captors will be the right thing to do to
safeguard morality. It is very difficult to justify the great hue and
cry raised over this issue. Let it be clearly understood that the
Quran does not lend any support to the idea of establishing sexual
relations with a female prisoner of war or a slave, without first
marrying her. Not only does the Quran not give any sanction for the
treatment of female prisoners of war as wives without first taking
them into proper wedlock, but there are clear and positive
injunctions to the effect that these prisoners of war, like free
women, should be married if they are to be treated as wives. The only
difference between the two being a difference of social status in as
much as prior consent of prisoners of war is not considered necessary
as in the case of free women.
Islam
in no way encourages concubinage. Besides the verse cited, at least
in four other verses of the Quran, the injunction has been laid down
in clear and unambiguous terms that female prisoners of war should
not remain unmarried. These verses are as follows:
“And
marry the unmarried among you and the righteous among your male
slaves and female slaves. If they are poor, Allah will enrich them
from His bounty, and Allah is all-Encompassing and Knowing.”
(An-Nur, 24: 33).
“And
whoever among you cannot (find) the means to marry free, believing
women, then (he may marry) from those whom your right hands possess
(of the believing slave girls). And Allah is most knowing about your
faith. You (believers) are of one another. So marry them with the
permission of their people (masters, guardians, families etc.) and
give them their due compensation (dowry) according to what is
acceptable.”
(An-Nisa 4: 26).
“And
if you fear that you will not deal justly with the orphan girls, then
marry those that please you of (other) women, two or three or four.
But if you fear that you will not deal justly, then (marry only) one
or those your right hand possesses.”
(An-Nisa 4: 4).
The
verses may also be rendered as “then
marry of women as may be agreeable to you, two or three or four or
what your right hands possess.”
The words, “But
if you fear that you will not deal justly, then marry only one”,
forming a parenthetical clause. According to this rendering also
slave girls are to be married before they are treated as wives.
“And
do not marry polytheistic women until they believe. And a believing
slave woman is better than a polytheist, even though she might please
you.”
(Al-Baqara 2: 222).
The
sense being that the believing slave wife should be preferred to a
non-believing free idolatrous wife.
The
Holy Prophet Muhammad (pbuh) is also very explicit on this point. He
is reported to have said: “He
who has a slave girl, and gives her a proper education and brings her
up in a becoming manner and then frees and marries her, for him is
double reward.”
(Bukhari).
This
Hadith implies that if a Muslim wishes to have a slave girl as wife,
he should first set her free and then marry her. The Holy Prophet’s
own practice was quite in harmony with his precept. Two of the Holy
Prophet’s wives, Juwairiya and Safiyya came to him as prisoners of
war. He married them according to Islamic Law. Maria a slave girl was
sent to him as a gift by the King of Egypt. He also married her and
she as well as the two other captives (Juwairiya and Safiyya) enjoyed
the status of free wives like his other wives. They observed the veil
(Purdah)
and were included among “the
Mothers of the Faithful”
(Ummahaatul
Mumineen).
Allah
says in the Holy Quran:
“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 your paternal
uncles and aunts, and daughters of your maternal uncles and aunts,
who migrated with you.”
(Al-Ahzab 33:
51).
This
verse points to the fact that the commandment regarding marriage
applies to whom your right hands possess as much as it does to
daughters of the Holy Prophet’s paternal and maternal uncles and
aunts. Both are to be legally wedded before they are treated as
wives. All the three categories mentioned were made lawful to the
Holy Prophet Muhammad (pbuh) through marriage.
Therefore,
it is preposterous for non-Muslims to label Islam, its Holy Founder
and followers as lustful and adulterous persons, for no physical
relation in whatever perspective one may view it is taken forward
without the bond of marriage. God Almighty’s provisions are the
best provisions and it is He who sees to it through perfect laws that
both the rights of men and women are respected, and He made sure that
slavery is abolished through the diligent practice of His Laws. But
is it most evident that if people do not consult the Quran
and Sunnah
and trample the teachings of Islam, then concealed slavery shall
continue until the right teachings are re-established and acted upon.
May
Allah protect the dignity and rights of all human beings, men and
women and may their rights be well-cared for, especially for women
who most of the time are taken as the weaker and inferior sex and
trampled upon. Islam views the woman as a most important person.
Indeed, she is the one who gives birth to man. She is the first
educator of man and we, Muslims need all recall that the first
believer of Islam was none other than a woman, the blessed first wife
of our Noble prophet Hazrat Muhammad (pbuh). Indeed the women of
Islam are free, liberated women and are not slaves of men, but their
equal partners, companions, and spouses. May Allah protect all true
and sincere women of Islam and may Islam prosper through their
endless sacrifices for the cause of Islam. Insha-Allah,
Ameen.