Concubinage in Islam

Islam allowed male slave-owners to have sexual relations with their female slaves. This practice was known as concubinage. Early sources indicate that concubinage was practiced throughout Muslim history, and one source of concubines was war. Men were permitted to have as many concubines as they could afford. Some men purchased female slaves, whereas Muslim soldiers in the early Islamic conquests were given female captives as a reward for military participation. As the slaves for pleasure were typically more expensive, they were a privilege for elite men.[1]

Legal and literary documents show that not all female slaves were used for sexual service; many were intended mainly for domestic services. Many concubines bore children to their owners. A concubine could be resold unless she gave birth to her owners child where she would become a household member and be freed once he passes away. Concubines and their owners often used contraception to avoid pregnancy.[2]

The term suriyya (concubine) was used for female slaves with whom masters enjoyed sexual relations. It was not a secure status as the concubine could be traded as long as the master had not impregnated her.[3]

Islamic law and Sunni ulama recognize two categories of concubines:[4][5]

  • War Captives:
    • These are originally free non-Muslims who are captured in battle.[4][6] The entire population of a conquered territory can be enslaved, thus providing women who are otherwise rare on the battlefield. This paves the path for concubinage.[7] The Muslim military commander is allowed to choose between unconditionally releasing, ransoming or enslaving war captives.[8] If a person converted to Islam after being enslaved, their emancipation would be considered a pious act but not obligatory.[5] Islamic law does not allow enslavement of free-born Muslims.[9]
    • Islamic jurists permitted slave raiding and kidnapping of non-Muslims from Dar al Harb.[10] Raiders were free to take and enslave any non-muslim.[11] However, Islamic jurists held that Dhimmis who lived in areas which had formal pacts with Muslims were to be protected from enslavement.[10]
    • Dhimmi residents of an Islamic state who fail to pay jizya or break their contract with the state can also be enslaved.[12][13] However, Muslim rebels can not be enslaved.[14]
  • Slave-girls by descent:
    • These are born to slave mothers.[4][5] Owners who would marry off their female slaves to someone else, would also be the masters of any children born from that marriage.[15] Thus, Islamic law made slave-breeding possible.[16]

The concubines were owned by their masters. The owners could obtain the slave-girls through purchase, capture or receive them as a gift.[4] Islam permits men to have sexual intercourse with them and there is no limit on the number of concubines they could keep, unlike in polygamy where there is a limit of four wives.[17] The master could also sell her or gift her to someone else[18] While she was under her master's control the slave girl could not have sex with anyone else.[19]

The classical Islamic jurists make an analogy between the marriage contract and sale of concubines. They state that the factor of male ownership in both is what makes sex lawful with both a wife and female slave.[20]

Some Muslim writers claim that Islam permits men to have sex with female captives as a way of integrating them into society.[21] A master can also practice coitus-interrupts (withdrawing) during sex with his female slave without her permission.[22] A man having sex with someone else's female slave is prohibited as it constitutes as adultery.[23][22][24]

Sexual enslavement, the concept of honor and humiliation

Enslavement was intended both as a debt and form of humiliation. The sexual relationship between a concubine and her master was viewed as a debt of humiliation upon the woman until she gave birth to her master's child and the master's later death.[25] Becoming a slave meant that the person was stripped of their honor.[26] The ulama asserted that slavery was a divine punishment for not being a Muslim. In the words of az-Aziz b.Ahmad al-Bukhari "servitude is a vestige of obstinacy in refusing to believe in one God". Al-Sharif al-Jurjani stated that slavery in Islamic law was a "penalty for unbelief." An Algerian scholar who lived in Morocco, Ahmad al-Wansharisi, described the purpose of slavery as a "humiliation" for previous or continuing disbelief.[7]

Umm Walad (slave mother)

Umm walad (mother of child) is a title given to a woman who gave birth to her master's child.[4] In early Islam, Caliph Umar had decreed several rights for a concubine who gave birth: she remained in slavery, but she could not be separated from her child or sold again, and that she became a free woman at the death of her owner.[27] Finally, the child would be considered a free person and legally equal to the child that comes from marriage.[28] These rules gave more rights to slaves than were given in Roman and Greek laws, where the child of a slave was also considered a slave.[29] By contrast in Islamic law, if either the father or mother was free, the child would be considered as free.[29] This was similar to the rights of slaves in Sassanian Iran.[28]

These rules had a tremendous impact on the nature of slavery in the Muslim world. Children borne to slaves often rose to leadership positions in the family and community. According to one estimate, 34 out 37 Abbasid Caliphate rulers had been borne to a slave. Many notable medieval Muslim rulers, from Central Asia to Zanzibar in Africa, had been borne to a slave.[28]

Later Islamic jurists grappled with the issue of conclusively determining who the father of the concubine's child was. The first option was for the owner to acknowledge his paternity. But if the owner denied ever having intercourse with his concubine, she would have to mount a legal defense against him. The third case was when the owner had not made an explicit declaration either way, and the jurists differed on that. Majority of jurists granted the umm walad status regardless of the owner's declaration, whereas minority of jurists had the opposite view on that.[30]

Pagan concubines

Many medieval jurists did not allow sexual intercourse with Zoroastrian or pagan female captives. Al-Mujahid and Safiid bin al-Musayyab said the owner can only have sex with his Zoroastrian or Pagan female slave if she converts. Imam Shafi'i claims that the Companions of Muhammad did not have sexual intercourse with Arab captives until they converted to Islam.[31] [32][33] Ibn Hanbal allowed sexual intercourse with Pagans and Zoroastrian female captives if they became Muslim. According to Hasan al-Basri this objective could take place, if the concubine faced the qiblah, uttered the shahada and performed wudhu. Her captor could then have sex with her after one menstrual cycle. However, others added the condition that she must be taught to pray and purify herself before the master can have sex with her.[34] The some scholars significantly lowered the threshold of conversion for the girls so that the master may be able to have sex with her as soon as possible.[35]

Sexual slavery in Pre-Islamic Arabia and Early Islam

The pre-Islamic Arabs used to practice female infanticide. They would bury their daughters alive upon birth. One of the motivations for fathers burying their daughters alive was the fear that when they grew up an enemy tribe could take them captive and dishonor them.[36][37] A study of the Arab genealogical text Nasab Quraysh records the maternity of 3,000 Quraishi tribesmen, most of whom lived in between 500 and 750 CE.[38] The data shows that there was a massive increase in the number of children born to concubines with the emergence of Islam.[38] An analysis of the information found that no children were born from concubines before the generation of Muhammad's grandfather.[39] There were a few cases of children being born from concubines before Muhammad but they were only in his father's and grandfather's generation. The analysis of the data thus showed that concubinage was not common before the time of Muhammad, but increased for men of his generation as a result of military conquests.[40]

Due to these conquests, a large number of female slaves were available to the conquerors. Although there were more births, the attitude towards children born from slaves still remained negative.[41] Some early Arab Muslims discriminated against those people who were born fron non-Arab female slaves. However, there is no indication that these attitudes were ever acted upon.[42] One of the earliest surviving Christian texts from the Islamic period in Syria, dated by scholars to around 640 CE, describes the rise of Islam in this way:

They take the wife away from her husband and slay him like a sheep. They throw the babe from her mother and drive her into slavery; the child calls out from the ground and the mother hears, yet what is she to do?...They separate the children from the mother like the soul from within the body, and she watches as they divide her loved ones from off her lap, two of them go to two masters, herself to another[...] Her children cry out in lament, their eyes hot with tears. She turns to her loved ones, milk pouring forth from her breast: "Go in peace, my darlings, and may God accompany you."

Seeing Islam As Others Saw It: A Survey and Evaluation of Christian, Jewish and Zoroastrian Writings on Early Islam, Robert G. Hoyland[43]

However in the Hadith's its disliked to separate a mother from her child among the captives:

That he heard the Messenger of Allah (ﷺ) say: "Whoever separates between a mother and her child, then Allah will separate between him and his beloved on the Day of Judgement." This is acted upon according to the people of knowledge among the Companions of the Prophet (ﷺ) and others. They dislike separating the captives, the mother and her child, the son and the father, and brothers.[44]

Concubinage was not a common practice among the civilizations of the Late Antique Near East. It's expansion in early Islam occurred mainly due to the Umayyad tribal desire for sons rather than support for it in the Quran and Prophetic practice [45]. Concubinage was allowed among the Sassanian elites and the Mazdeans but the children from such unions were not necessarily regarded as legitimate.[46] The position of Jewish communities is unclear although slave concubinage is mentioned in Biblical texts. Apparently, the practice had declined long before Muhammad. Some Jewish scholars during Islamic rule would forbid Jews from having sex with their female slaves.[47] However recently The chief judge of Jerusalem’s rabbinical court, Rabbi Eliyahu Aberge in Israel, recently ruled that a man may take a concubine if his wife is unable or unwilling to bear children, and unwilling to divorce him.[48] Leo III in his letter to Umar II accused Muslims of "debauchery" with their concubines who they would sell "like dumb cattle" after having tired of using them.[46]

Women of Hawazin

The Banu Thaqif and Banu Hawazin tribes decided to go to war against Muhammad under the leadership of Malik ibn Awf.[49] Malik had the idea of bringing the women, children and livestock with his army.[50] He believed that by bringing their women and children with the army, all his soldiers would fight more courageously to defend them.[49][51]

The Muslim army defeated the Hawazin and captured their women and children. The pagan soldiers fled.[52] The war booty which the Muslims obtained was 24,000 camels, more than 40,000 goats, 160,000 dirhams worth of silver and 6,000 women and children.[53] Muhammad waited ten days for the Hawazin to repent and reclaim their families and properties. However, none of them came. Finally, Muhammad distributed the war booty among the Muslim soldiers.[54] The Muslim soldiers initially hesitated to have sex with the married female captives, until a verse was revealed giving them permission to have sex with them:[55] Imam Ahmad recorded that Abu Sa`id Al-Khudri said, "We captured some women from the area of Awtas who were already married, and we disliked having sexual relations with them because they already had husbands. So, we asked the Prophet about this matter, and this Ayah (verse) was revealed, Also (forbidden are) women already married, except those whom your right hands possess). Consequently, we had sexual relations with these women."

A ruling from Muhammed also was reveled stating that:

Abu Sa’id Al Khudri traced to Prophet (ﷺ) the following statement regarding the captives taken at Atwas. There must be no intercourse with pregnant woman till she gives birth to her child or with the one who is not pregnant till she has had one menstrual period.[56]

Muhammad gave a girl called Zaynab bint Hayyan to Uthman ibn Affan. Uthman had sexual intercourse with her. A woman was given to Abdurrahman ibn Awf. He didn't having sexual intercourse with her until her menses were over and then he had sex with her. Jubayr bin Mu'tim also received a slave girl, who was not impregnated. Talha ibn Ubaydullah had sexual intercourse with the female captive given to him. Abu Ubaydah ibn Jarrah impregnated the slave girl he was given.[57]

A delegation later on from the Hawazin tribe came to Muhammad and converted to Islam. Once they had given allegiance to Muhammad they asked about their captured families and property. They said "Those who you have brought as captives are our mothers, sisters and aunts and they alone bring disgrace to peoples. O Prophet, we ask for your kindness and generosity. Free our women." Muhammad gave them a choice between reclaiming their property or their women and children.[58] The Hawazin tribesmen responded that if they had to choose between reclaiming their property or their honor, they would choose their honor (their womenfolk).[59] Muhammad returned their women and children to them.[59] The girl who had been given to Abdurrahman ibn Awf was given a choice to stay with him or return to her family she chose her family. Likewise, the girls given to Talha, Uthman, Ibn Umar and Safwan bin Umayya were also returned to their families. However, the girl who had been given to Saad ibn Abi Waqas chose to stay with him.[60][61][62][63][62]

Overview of slave-concubines' experiences

Becoming a concubine for her master could translate to gaining security and standing and other material benefits. If she bore her master a child and if he accepted paternity she could obtain the position of an umm walad. If she became an umm walad her daily life would probably resemble that of a free wife, but with a lower position. There are many instances of slave concubines in Muslim history who rose to positions of great influence. However, this position did not lighten the suffering that the slaves experienced in their lives. Many of them had been forcibly taken from their homes and permanently separated from their families and they were displayed at slave markets .[64] If someone bought a woman, he could not separate her child.[65]

Many slaves went through a period of distress, when they were first enslaved, which was typically a violent occasion. Between the 800s and 1200s the four main ways to enslave a person were kidnapping, slave raids, piracy, and poverty. Islamic law only gave female slaves protection from sexual exploitation by anyone who was not their owner. The owner was obliged by Islamic law to provide his female slaves with food, clothing, and shelter.[64] [66][67] The slave owner was also encouraged to not use excessive violence. While some idealise the lives of elite female slaves, many in practice suffered from abuse by both their owners and others.[64] Because bearing her master's child could lead to freedom for a slave-girl, some female slaves had a motive to have sex with their owners. This angered the master's wives who would often punish such slaves.[68][69]

The female and male slaves were traded as chattel.[64] Because female slaves were traded among men and many of them had been owned by up to thirty men consecutively, they had a great deal of knowledge about sexual intercourse and were able to tutor elite adolescent males about sexual techniques.[68] Slave girls were seen as sexual commodities and were not allowed to cover themselves.[70] [71] Umar prohibited slave girls from resembling free women and forbade them from covering their hair.[72] Slave women did not veil and like prostitutes were exempt from a lot of the gender restrictions upon upper-class women.[73] While free women were regulated by higher standards of modesty, most Islamic jurists stated that female slaves were not required to cover their arms, hair or legs below the knees. Some did not require them to cover their chest either.[74] If a slave fornicated she also received less punishment than a free woman.[73]

The lives of female captives depended on whether her tribe could ransom her or if her captor chose to marry her. If neither of the two happened such women suffered because their would become slaves. If they were unattractive the captors would keep them as servants and if they were beautiful the captors were allowed to keep them as their concubines. The captors were also allowed to sell her.[19]

Socio-economic variations in historical concubinage

While Muslim cultures acknowledged concubinage, as well as polygamy, as a man's legal right, in reality these were usually practiced only by the royalty and elite sections of society.[75] The most highly desired slave-concubines in the Muslim world were not African women, but white girls, typically of Circassian or Georgian origin. However, they were very expensive.[76] The large-scale availability of women for sexual slavery had a strong influence on Muslim thought, even though the "harem" culture of the elite was not mirrored by most of the Muslim population.[77]

Abbasid Caliphate

The royals and nobles during the Abbasid Caliphate kept large numbers of concubines. The Caliph Harun al-Rashid possessed hundreds of concubines. The Caliph al-Mutawakkil was reported to have owned four thousand concubines.[78] Slaves for pleasure were costly and were a luxury for wealthy men. In his sex manual, Ali ibn Nasr promoted experimental sex with female slaves on the basis that free wives were respectable and would feel humiliated by the use of the sex positions described in his book because they show low esteem and a lack of love from the man.[1] Women preferred that their husbands keep concubines instead of taking a second wife. This was because a co-wife represented a greater threat to their position. Owning many concubines was perhaps more common than having many wives.[79]

Andalusia

In Muslim society in general, monogamy was common because keeping multiple wives and concubines was not affordable for many households.[80] The practice of keeping concubines was common in the Muslim upper class. Muslim rulers preferred having children with concubines because it helped them avoid the social and political complexities arising from marriage and kept their lineages separate from the other lineages in society.[81] One Umayyad ruler, Abd al-Rahman III, was known to have possessed more than 6000 concubines.[78]

Ottoman Empire

The Ottoman rulers would keep hundreds, even thousands, of concubines. Female war captives were often turned into concubines for the Ottoman rulers. Ambitious slave families associated with the palace would also frequently offer their daughters up as concubines.[82] Slave traders would abduct and sell Circassian girls.[83] The Circassian and Georgian women were systematically trafficked to eastern harems. This practice lasted into the 1890s.[82] Fynes Moryson noted that some Muslim men would keep their wives in various cities while others would keep them in a single house and would keep adding as many women as their lusts permitted. He wrote that "They buy free women to be their wives, or they buy "conquered women" at a lesser price to be their concubines."[84] Ottoman society had provided avenues for men who wished to have extramarital sex. They could either marry more wives while wealthy men could possess slaves and use them for sex.[85]

Since the late 1300s Ottoman sultans would only permit heirs born from concubines to inherit their throne. Each concubine was only permitted to have one son. Once a concubine would bear a son she would spend the rest of her life plotting in favor of her son. If her son was to successfully become the next Sultan, she would become an unquestionable ruler. After the 1450s the Sultans stopped marrying altogether. Because of this there was great surprise when Sultan Sulayman fell in love with his concubine and married her. An Ottoman Sultan would have sexual relationships with only some women from his large collection of slave girls. This meant that a lot of the concubines were not given a family life if they were not desired by the Sultan. Some of these women would break the sharia by having homosexual relations.[78]

And if a man wants to take a concubine and his wife says to him "I will kill myself," he is not prohibited [from doing so], because it is a lawful act, but if he abstains to save her grief, he will be rewarded, because of the hadith "Whoever sympathises with my community, God will sympathise with him."

A 17th century Hanafi scholar, Imam Haskafi, writes in his jurisprudential work Al-Durr al-Mukhtar[86]

Research into Ottoman records show that polygamy was absent or rare in the sixteenth and seventeenth centuries.[87] Concubinage and polygamy were quite uncommon outside the elite. Goitein says that monogamy was a feature of the "progressive middle class" Muslims.[88] Elite men were required to leave their wives and concubines if they wished to marry an Ottoman princess.[89] The Mamluk governor of Baghdad, Umar Pasha, died childless because his wife prevented him from having a concubine.[69] Writing in the early 18th century, one visitor noted that from among the Ottoman courtiers, only the imperial treasurer kept female slaves for sex and others thought of him as a lustful person.[89] Edward Lane, who visited Egypt in the 1830s, noted that very few Egyptian men were polygamous and most of the men with only one wife did not keep concubines, usually for the sake of domestic peace. However, some kept Abyssinian slaves who were less costly than maintaining a wife. While white slave-girls would be in the keep of wealthy Turks, the concubines kept by upper and middle class Egyptians were usually Abyssinians.[90]

Indian subcontinent

Ovington, a voyager who wrote about his journey to Surat, stated that Muslim men had an "extraordinary liberty for women" and kept as many concubines as they could afford.[91] Akbar had a harem of at least 5000 women and Aurangzeb's harem was even larger.[92] The nobles in India could possess as many concubines as they wanted.[93] Ismail Quli Khan, a Mughal noble, possessed 1200 girls. Another nobleman, Said, had many wives and concubines from whom he fathered 60 sons in just four years.[94] Francisco Pelseart describes that noblemen would visit a different wife each night, who would welcome him along with the slave girls. If he felt attracted to any slave-girl he would call her to him for his enjoyment while the wife would not dare to show her anger. The wife would punish the slave-girl later.[95]

Lower class Muslims were generally monogamous. Since they hardly had any rivals, women of the lower and middle class sections of society fared better than upper-class women who had to contend with their husbands' other wives, slave-girls and concubines.[96] Shireen Moosvi has discovered Muslim marriage contracts from Surat, dating back to the 1650s. One stipulation in these marriage contracts was that the husband was not to marry a second wife. Another stipulation was that the husband would not take a slave girl. These stipulations were common among middle-class Muslims in Surat. If the husband took a second wife the first wife would gain an automatic right of divorce, thus indicating the preference for monogamy among the merchants of Surat. If the husband took a slave-girl the wife could sell, free or give away that slave-girl, thereby separating the female slave from her husband.[97]

There is no evidence that concubinage was practiced in Kashmir where, unlike the rest of the medieval Muslim world, slavery was abhorred and not widespread. Except for the Sultans, there is no evidence that the Kashmiri nobility or merchants kept slaves.[98] In medieval Punjab the Muslim peasants, artisans, small tradesmen, shopkeepers, clerks and minor officials could not afford concubines or slaves.[99] But the Muslim nobility of medieval Punjab, such as the Khans and Maliks, kept concubines and slaves.[100] Female slaves were used for concubinage in many wealthy Muslim households of Punjab.[101]

Colonial court cases from 19th century Punjab show that the courts recognised the legitimate status of children born to Muslim zamindars (landlords) from their concubines.[102] The Muslim rulers of Indian princely states, such as the Nawab of Junagadh, also kept slave girls.[103] The Nawab of Bahawalpur, according to a Pakistani journalist, kept 390 concubines.[104] Marathas captured during their wars with the Mughals had been given to the soldiers of the Mughal Army from the Baloch Bugti tribe. The descendants of these captives became known as "Mrattas" and their women were traditionally used as concubines by the Bugtis. They became equal citizens of Pakistan in 1947.[105]

History

Non-Muslim women by Muslim men

Women and children together came to 8,000 and were quickly divided up among us, bringing a smile to Muslim faces at their lamentations. How many well-guarded women were profaned and women who had been kept hidden stripped of their modesty, and virgins dishonoured and proud women deflowered, and lovey women's red lips kissed, and happy ones made to weep. How many noblemen took them as concubines, how many ardent men blazed for one of them, and celibates were satisfied by them, and thirsty men sated by them and turbulent men able to give vent to their passion.

Saladin's secretary Imad al-Din gleefully recounts the capture, enslavement of Christian women by Muslims after the Siege of Jerusalem[106][107]

In Andalus the concubines of the Muslim elite were usually non-Muslim women from the Christian areas of the Iberian peninsula. Many of these had been captured in raids or wars and were then gifted to the elite Muslim soldiers as war booty or were sold as slaves in Muslim markets.[81] Most slaves in the Ottoman harem comprised women who had been kidnapped from Christian lands. Some had been abducted during raids by the Tatars while others had been captured by maritime pirates.[108] Berber pirates trafficked French, Italian, Spanish and Portuguese women to North Africa. Christian females were enslaved more than any other religious demographic.[109] It is difficult to track down the experienced of European female slaves because they would have accounted for 5 percent of the slaves trafficked to North Africa and even fewer women were freed from slavery than men between the 16th and 19th centuries. During those centuries, at least 50,000 to 75,000 European girls were forcibly taken and most of them never returned home.[110] One male English slave narrated an account of a young English girl who was given as concubine to the Moroccan king, Mulley Ismail.[111]

Enslaved European men also narrated accounts of women who "apostasised." The life stories of these women were similar to Roxelana, who rose from being a Christian slave-girl into the chief advisor of her husband, Sultan Suleyman of the Ottoman Empire. There are several accounts of such women of humble birth who associated with powerful Muslim men. While the associations were initially forced, the captivity gave women a taste for access to power. Diplomats wrote with disappointment about apostate women who wielded political influence over their masters-turned-husbands. Christian male slaves also recorded the presence of authoritative convert women in Muslim families. Christian women who converted to Islam and then became politically assertive and tyrannical were regarded by Europeans as traitors to the faith.[112] Enslaved Christian women lost all hope of returning home through ransom once they entered a Muslim household.[113]

The Muslim Sultanates in India before the Mughal Empire captured large numbers of non-Muslims from the Deccan. The Muslim masters would impregnate their non-Muslim slaves and the children they fathered would be raised as Muslims. Non-Muslim girls were socially ostracised by their own communities for the sexual relationships Muslim soldiers and nobles would have with them, therefore, many of them preferred to convert to Islam.[114] When Muslims would surround Rajput citadels, the Rajput women would commit jauhar (collective suicide) to save themselves from being dishonored by their enemies. In 1296 approximately 16,000 women committed jauhar to save themselves from Alauddin Khalji's army.[115] Rajput women would commit it when they saw that defeat and enslavement was imminent for their people.[116] In 1533 in Chittorgarh nearly 13,000 women and children killed themselves instead of being taken captive by Bahadur Shah's army.[117] For them sexual intercourse was the worst form of humiliation. Rajputs practiced jauhar mainly when their opponents were Muslims.[118]

The womenfolk of enemies were captured both to humiliate their men and to use the beautiful maidens for various purposes.[119][120] After the period of Akbar's rule enslavement of women continued to be used to punish their men. Jahangir explicitly ordered the destruction of the domain of the rebellious zamindar of Jaitpur and the capture of his women. Thus, his daughters and wives were captured and brought to the harem.[92] Aurangzeb would enslave rebellious peasants.[121] Ahmad Shah Abdali's army captured Maratha women to fill Afghan harems.[122] The Sikhs attacked Abdali and rescued 2,2000 Maratha girls.[123]

Muslim women by non-Muslim men

Of our women, you did not capture many. Whereas of yours, we have as many as the drops of rain. Indeed, counting them is an endless task. Like a man counting the pigeon's feathers. Your emperors' daughters we herded with our hands, As a hunter herds a desert's deer to his own field. Ask Heraclius about our deeds in your Lands. And other kings of yours who were made to yield. For they can tell you about our troops deployed. And the countless Byzantine women we have enjoyed.

Ibn Hazm wrote this poem in response to Nicephorus boasting about his capture and sexual enjoyment of Muslim women, including female descendants of Muhammad. (In Al Munajjid, Qasidat Imbratur al-Rum Naqfur Fuqas fi-Hijja al-Islam wa-l-Rad Alaih, 46)[124][125]

Muslim historical sources see the capture and concubinage of non-Muslim women as legitimate violence against women. The capture and enslavement of non-muslim women is described in a matter-of-fact way in the Muslim sources. However, the same practice was criticised when Christians captured Muslim women. In the eleventh century Christians began an aggressive policy towards Muslims in Andalus. Christian military leaders captured Muslim women and included eight year old Muslim virgins as part of their war booty.[126] When Granada passed from Muslim rule to Christian rule, thousands of Moorish women were enslaved and trafficked to Europe.[109] Muslim families tried to ransom their daughters, mothers and wives who had been captured and enslaved.[127] Muslim women were kept as concubines by Christian men.[128]

For both Christians and Muslims, the capture of women from the other religion was a show of power, while the capture and sexual use of their own women by men of the other religion was a cause of shame. Many women would convert to their master's religion.[81] In one case an Algerian woman, Fatima, was captured and enslaved. She converted to Christianity and refused the ransom which the Turks had sent for her release. Other enslaved Muslim women had more "harrowing" experiences in being converted to Christianity.[129]

In India, the Hindu elites and rulers would take revenge by taking Muslim women into their own harems.[120] Rana Kumbha captured Muslim women. Under Medini Rai in Malwa, the Rajputs took Muslim women as slave girls.[130] According to Manucci, the Marathas and Sikhs would also capture Muslim women because 'the Mohammedans had interfered with Hindu women.'[120]

Muslim women by Muslim men

Islamic jurists had completely forbidden the enslavement of Muslims. However, some Muslims have still at times enslaved Muslims from other ethnic groups.[131] The Umayyad caliph Muhammad II of Córdoba gave orders that the Berber houses in Cordoba be looted and that Berber women be captured and sold in Dar-al Banat.[132] In another case the Andalusian ruler of Malaga, Ibn Hassun, unsuccessfully attempted to kill his female relatives before the Berber Almohads could capture them. He committed suicide but his daughters survived. These girls were then sold and some of them were taken as concubines by Almohad military commanders.[133]

In India attitudes towards women ignored their religious background if they belonged to enemies or rebels. Ferishta narrates that Baban captured female supporters of the rebellious noble Tughral. The atrocities of Alauddin Khilji on women have been documented in Tabaqat-i-Akbari by Nizamuddin Ahmad. Khusrau Khan humiliated Sultan Qutb ud din Mubarak by marrying his widow and allowing Hindus to take away his other female relatives. Abu Fazl records atrocities by Kamran on the female relatives of Humayun's supporters. Sher Shah was reported to have sold the wives of rebellious zamindars.[134]

Kurds in the Ottoman-Persian frontier would enslave both Shias and Yazidis. The Ottoman jurist Ebu Su'ud upheld the permissibility of wars against the Shia but he forbade the taking of Shias as captives. In particular, he also declared that sexual intercourse with Shia female captives was unlawful. However, he endorsed enslavement of Shias in a later fatwa.[135] In 1786-7 an Ottoman general enslaved the wives and children of Mamluk emirs. In the region of modern day Chad, Muslim women and children from Bagirmi were enslaved by the ruler of Wadai around 1800.[136]

Abolition

Marriage was not the only legal way to have sex in Muslim societies prior to the end of slavery in the 19th and 20th centuries.[137] Colonial governments and independent Muslim states restricted slave raids and the slave trade in response to pressure from Western liberals and nascent Muslim abolitionist movements. Eliminating slavery was an even more difficult task. Many Muslim governments refused to sign the international treaties against slavery which the League of Nations was co-ordinating since 1926. This refusal was also an issue at the 1948 Universal Declaration of Human Rights and at the 1956 Anti-Slavery Convention.[138] It was mostly because of the pressure from European colonial powers and economic changes that slavery was abolished. White the institution was eventually abolished, there was no internally well-developed Islamic narrative against slave-ownership.[139]

There is an academic consensus that the Islamic legal sanction for slavery prevented the emergence of any anti-slavery movement in the Muslim world. But William Clarence-Smith has argued that "Islamic abolitionism" was indigenous and rooted in Islamic tradition. However, Ehud R. Toledano states that abolitionist views were very rare in Muslim societies[140] [141] The scant evidence that exists of "Islamic abolitionism" shows that such discourse was extremely limited. The first anti-slavery views came from Syed Ahmad Khan in the subcontinent. The next anti-slavery texts are to be found, from the 1920s on wards, in the works of non-ulema who were writing outside the realm of Islamic tradition and Shariah. Amal Ghazal has shown that the modernist ulema in Egypt such as Muhammad Abduh and Rashid Rida were strongly opposed by the majority of Islamic jurists.[141] While Abduh took a stand in favor of abolition, he noted that only a gradualist approach, which encouraged manumission, would work because slavery itself was sanctioned in Islamic law.[142]

Female slavery, being a condition necessary to the legality of this coveted indulgence [concubinage], will never be put down, with a willing or hearty co-operation by any Mussalman community.

William Muir, Life of Mahomet.[143]

In the late 19th century some Indian Muslim modernists had rejected the legitimacy of slavery in Islam.[144] This reformist take on slavery was a part of regenerated Indian Muslim thinking in the 1860s and 1870s.[145] Syed Ahmad Khan and Syed Ameer Ali were primarily concerned with refuting Western criticism of Islamic slavery. However, they did not directly refute the European criticism about female slavery and concubinage.[146] According to Dilawar Husain Ahmad, polygamy and concubinage were responsible for "Muslim decline."[147] Chiragh Ali denied the Quranic permission for concubinage.[148] However, he accepted William Muir's view that Muslims would not abandon female slavery willingly, but he asserted that Muslim jurists did not allow concubinage with the female slaves being imported from Africa, Central Asia and Georgia in that time. However, he did not specify who these Islamic jurists were.[149] Syed Ahmad Khan was opposed by the ulama on a number of issues, including his views on slavery.[147]

A group of ulama led by Waji al-Din Saharanpuri gave a fatwa in the 1830s that it was lawful to enslave even those men and women "who sought refuge" after battle. Sayyed Imdad Ali Akbarabadi led ulama in publishing a lot of material in defense of traditional kinds of slavery. Sayyid Muhammad Askari condemned the idea of abolishing slavery.[150] In the 19th century some ulama in Cairo refused to allow slave girls, who had been freed under secular law, to marry unless they had obtained permission from their owner.[151] After 1882 the Egyptian ulama refused to prohibit slavery on the grounds that the Prophet had never forbidden it. In 1899 a scholar from Al-Azhar, Shaykh Muhammad Ahmad al-Bulayqi implicitly defended concubinage and refuted modernist arguments.[152] Most ulama in West Africa opposed abolition.[153] They ruled that concubinage was still allowed with women of slave descent.[154]

In 1911 one Qadi in Mombasa ruled that no government can free a slave without the owner's permission.[155] Spencer Trimingham observed that in coastal Arab areas masters continued to take concubines from slave families because the descendants of slaves are still considered to be enslaved under religious law even if they had been freed according to secular law.[156] The Ottoman ulama maintained the impressibility of slavery due to its Islamic legal sanction. They rejected demands by Young Ottomans for fatwas to ban slavery.[157]

Ahmad Akbarabadi, a conservative Deobandi scholar, in 1946 argued that Islam recognized the humanity of slaves and improved their conditions, but maintained that the Prophet Muhammad had not abolished slavery.[150] After 1947, the ulama in Pakistan called for the revival of slavery. Pakistan's Chief Justice Muhammad Munir opposed slavery,[158] though he noted that some in Pakistan wished to continue slavery and concubinage in the Punjab Disturbances Court of Inquiry.[159] When Zia ul Haq came to power in 1977 and started applying sharia, some argued that the reward for freeing slaves meant that slavery should not be abolished "since to do so would be to deny future generations the opportunity to commit the virtuous deed of freeing slaves."[159] Mufti Taqi Usmani states that slavery and turning captives into concubines is still allowed by Islam. However, he states that due to the fact that most Muslim countries have signed international treaties which prohibit enslavement, the Muslim countries should not enslave prisoners of war as long as other nations also refrain from enslavement.[160]

A lot of ulama in Mauritania did not recognize the legitimacy of abolishing slavery. In 1981 a group of ulama argued that only owners could free their slaves and that the Mauritanian government was breaking a fundamental religious rule. In 1997 one Mauritanian scholar stated that abolition:[156]

"is contrary to the teachings of the fundamental text of Islamic law, the Koran... [and] amounts to the expropriation from Muslims of their gods, goods that were acquired legally. The state, if it is Islamic, does not have the right to seize my house, my wife or my slave."

In response to the enslavement of Yazidi women by ISIS the Council on American-Islamic Relations and Fiqh Council of North America claimed that no scholar disputes the abolition of slavery was one of the aims of Islam. However, Kecia Ali finds this claim dishonest. While there was definitely an “emancipatory ethic” (encouragement for freeing slaves) in Islamic jurisprudence, slavery was never actually abolished.[161] The translator of Ibn Kathir's treatise on slaves, Umar ibn Sulayman Hafyan, felt obliged to explain why he published a slave treatise when slavery no longer exists. He states that just because slavery no longer exists does not mean that the laws about slavery have been abrogated. Moreover, slavery was only abolished half a century ago and could return in the future. His comments were a reflection of the predicament modern Muslims find themselves in.[162]

Modern manifestations

Middle East

Armenians underwent a genocide in the Ottoman Empire, which climaxed around 1915-16. It has been accepted as the first genocide of the 20th century by scholars of genocide and historians of the late Ottoman period.[163] The Ottomans had intended to destroy the Armenians.[164] Derderuan notes that after being separated from their men who were killed, the Armenian women and children were raped, forcibly converted to Islam Eliz Sanasarian also notes the involvement of Turkish women in perpetrating violence against Armenian women by selling them into slavery.[165] Women who were deemed beautiful were sold as slaves to military officials. The remaining women would be beaten and killed.[166] The women were also often forced into prostitution or forcibly married with non-Armenians.[167]

Kidnapped Armenian girls were sorted on the basis of their age, beauty and marital status. The "first choice" was given to high-level Ottoman officials. Outside Mezre, purchasers asked doctors to check the girls for diseases and to verify their virginity. One German reported the sale of girls in Ras al-Ayn and testified that the policemen carried out the trade in girls.[168] A few slave markets were set up in the vicinity of government buildings while Armenian captive slaves were kept in the Red Crescent Hospital in Trebizond.[169] The fact that before the genocide the Armenian leaders had appealed to outside powers, to press the Ottomans to make reforms for the Christians, was cited as a violation of their contract with the state.[170] Hence, one Palestinian shaykh ruled that Muslims could buy the Christian girls from the slave markets in the Levant.[171]

A large number of free Muslim Baloch women were kidnapped in the first half of the 20th century by slave traders and sold across the Persian Gulf. For example, Yuri bint Lapek was abducted after raiders killed her husband.[172] Another notable case was that of Marzuq who was kidnapped from Makran and sold in Sharjah. Marzuq was purchased by Rashid bin Ali who had sex with her. When she became pregnant he married her off to another Baluchi to avoid taking responsibility for the child.[173] Many slave owners arranged marriages for their female slaves, just so they would not have to take responsibility for impregnating their slaves.[174]

South Asia

The most widespread raptio in modern times was the kidnapping of tens of thousands of girls during the Partition of India.[175] These women were kept as captives or forced wives[176] and concubines.[177] For instance, one account from Kirpal Singh mentions how Pakistani soldiers in Kamoke took 50 Hindu girls after killing most of their men.[178] After being taken, Hindu and Sikh girls would be forcibly converted to Islam.[175] Pashtun tribesmen captured a large number of non-Muslim girls from Kashmir and sold them as slave-girls in West Punjab.[179] In Mirpur, many of the Hindu women captured by Pakistani soldiers committed jauhar, the old practice of Hindu women to escape Muslim soldiers.[180] [181] The non-Muslim girls from Punjab and Kashmir were sold in different parts of Pakistan and the Middle East and were forced into concubinage.[182] They were forcibly converted to Islam as soon as they fell into the hands of their Muslim captors.[183] During the fighting in Kashmir, the government put 600 Hindu women in the Kunja camp in West Punjab. before returning them to India.[184] Gopalaswami Ayyangar accused the Pakistani government of holding 2000 Hindu women.[185]

An even larger number of Muslim women were taken by Sikh jathas.[186] Muslim girls in East Punjab would be distributed among the jathas, Indian military and police and many were then sold multiple times.[187] The Pakistani Prime Minister Liaquat Ali Khan complained that Muslim women in Jammu had been taken as sex-slaves by Sikhs.[188] The Maharaja of Patiala was reported to be holding a Muslim girl from a reputable family.[179] Meo men were expelled to Pakistan and their lands taken.[189] About the conflict with Meos, a captain from the Alwar State Army would later recall "We took away the women. That was the system."[190] The governments of India and Pakistan later agreed to restore Hindu and Sikh women to India and Muslim women to Pakistan.[186] Many women feared how they would be treated by their relatives if they returned, so some refused to return and chose to convert to the religion of their captors.[176] However, most of those women who returned were accepted by their fathers and husbands.[191] Some girls fell in love with their captors and consequently did not want to return.[181]

The Pakistani elite blamed the Hindus for the Bengali revolt in 1971[192] so Pakistani army officers operated with an intent to drive out the Hindus.[193] [194] Tikka Khan ordered that Hindu Bengalis be turned into "slaves".[195] [196][197] The Pakistani Army and their allies mostly raped Hindu women.[198][199] The rape of Hindu captive girls was part of a policy to "dilute" their "religious community's bloodline."[200]

In Afghanistan the Taliban has committed atrocities against the Shia population. One of its atrocities has been to enslave Shia Hazara women and use them for concubinage.[201] The Taliban either took beautiful young women from other ethnic groups as concubines or forcibly married them.[202] In 1998 eyewitnesses in Mazar e Sharif reported the abduction of hundreds of Shia girls who were used by Taliban fighters as concubines.[203] The number of Hazara women taken as concubines by the Taliban was 400.[204]S

Sudan

The evidence strongly demonstrates that the government of Sudan had revived slavery and made it as important as it was in the previous century.[205] The Sudanese army had a central role in the revival of slavery.[206] The slavery in Sudan was a result of the conflict between North Sudan's Arab Muslims and South Sudan's black Christians.[207] Christian prisoners of war in the Sudanese civil war were often enslaved. The female captives were used sexually.[201] Sudan's Arab government had recruited Arab troops. One component consisted of militias and the other component of their forces, called the Popular Defense Forces, consisted of the Sudanese Army. This was a mainly jihadi force fighting the SPLA which they considered to be an "enemy of Islam and the Arabs."[208] Arab raiders destroyed black Christian villages, executed all their males and then took away the women and children as slaves.[207]

Regular soldiers also abducted women and children. The Sudanese government allowed soldiers to take booty to supplement their low salaries. The first slave raid on the Dinka took place on February 1986.[209] Two thousand women and children were taken. In a second raid on February 1987 one thousand women and children were taken. Once the raiders acquired enough booty they would distribute the captives between their selves and their families. Slave raids continued every year after 1985.[210] Dinka girls kept in Arab households were used as sex-slaves.[211] Some of them were sold to Arab men in Libya, It has been alleged that slave markets were set up in Sudan. Western visitors noted that five or even more slaves could be bought for one rifle. Near the peak of the civil war in 1989 female black slaves were sold for 90 dollars at the slave markets. Several years later, when there was an abundance of slaves, the price of an average female black slave had dropped to $15. Many Western organizations traveled to Sudan with funds collected for the purpose of purchasing these slaves to emancipate them.[207]

Modern Muslim attitudes

While classical Islamic law permitted concubinage, the practice was legally abolished in all Muslim countries, and the vast majority of Muslims today oppose it. This contradiction is demonstrated by Ahmed Hassan, a twentieth century translator of Sahih Muslim, who prefaced the translated chapter on marriage by claiming that Islam only allows sex within marriage. This was despite the fact that the same chapter included many references to Muslim men having sex with slave-girls.[212] Most ordinary Muslims ignore the existence of slavery and concubinage in Islamic history and texts. Most also ignore the millennia old consensus permitting it and a few writers even claim that those Islamic jurists who allowed sexual relations outside marriage with female slaves were mistaken.[213] For example, Muhammad Asad, rejected the notion of any sexual relationship outside of marriage.[214] Asifa Quraishi personally concludes that she is "not convinced that sex with one's slave is approved by the Quran in the first place", claiming that reading the respective Quranic section has led her to "different conclusions than that held by the majority of classical Muslim jurists."[20] Asifa Quraishi-Landes also observes that most Muslims believe that sex is only permissible within marriage and they ignore the permission for keeping concubines in Islamic jurisprudence.[215]

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Bibliography

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