:bism: (In the Name of God, the Most Beneficent, the Most Merciful)
(Peace be upon you)
Please, I implore all of you who have participated in this thread to please read herein the words that would gain you InshaAllah (God-willing) all due clarity on the subject, and all success is with Allah in whom we place our trust.
I have to oppose those persons's understanding on the thread who are using the term “concubines.”
What are “right hand possessions”?
“Right hand possessions” are
not “sexual slaves” or even “concubines.” Right hand possessions were usually earned in a war as prisoners. This is not to be confused with the linguistic term “sexual slave” and is in fact an erroneous presumption leveled by the present-day Orientalist non-Muslims against Islam and many Muslims even have fallen short of the English term’s comprehension. The Arabic term "ma malakat aymanikum" can literally also be translated as "whom your oaths possess" and was a term used for the
poor human beings whom an oath has been pledged of which to take care. They are considered to fall under the umbrella of people meriting special care (under oath) in a Muslim household and Muslim community.
What is the distinction between “right hand possessions” and why can they not be likened to “sexual slaves”? To understand why, let's understand sexual slavery.
Today, in many wars fought historically and in our contemporary times globally, violence against women occur by way of rape and/or forcing them into sexual slavery under the power of the victorious men. This means that these women are powerless, helpless, and treated worse than animals as their feelings and their bodies are not considered their own but under the ownership of men. Also, sexual slavery cases across the globe as recorded on the Amnesty International site have a distinct pattern: the women are forced into servicing many men and are the recipient of dominance and debased subjugation that commits them
without any rights to accomplish pornographic fantasies of men under physical harm and threats and even at times corruption of mind. Sexual slavery is a form of psychological and physical torture inflicted upon women that in
no way, shape, or form comparable or resembles to what Islam taught about the humane treatment that “right hand possessions” merit. Moreover, sexual slaves are necessarily the extreme givers of sexual pleasure, not the recipients, and any pleasure ever derived is evoked not out of their own will or power which means they are further psychologically damaged because to them (should that ever occur) this mistakenly means that they do deserve the dehumanizing outlook and behavior of the men under whose control they only function perfunctorily.
Right hand possessions were in many aspects similar to that of marriage, which is how it's been understood within academic study of Islam by Islamic scholars and historically in religions previously and bear the same former status as, for example, “pilegesh.”
“Pilegesh” is the Hebrew term for a slave woman or maid with similar social and legal standing to a recognized wife, often for the purpose of producing offspring.
A
pilegesh was recognized among the ancient Hebrews and enjoyed the same rights in the house as the legitimate wife. Since it was regarded as the highest blessing to have many children, while the greatest curse was childlessness, legitimate wives often gave their maids to their husbands to atone, at least in part, for their own barrenness. The slave woman commanded the same respect and inviolability as the wife, and it was regarded as the deepest dishonor for the man to whom she belonged if hands were laid upon her.
Several biblical figures had concubines when they were not able to create natural children with their wives. The most famous example of this was with Abraham and Sarah. Sarah, feeling guilty about her inability to give Abraham children, gave her maidservant Hagar to Abraham. Their union created Ishmael.
So, similarly, the right hand possessions gained under the
Shariah when
jihad occurred meant that they merited their unique rights under Islam. They were not ever to be “used” and “abused” as the term sexual slavery connotes. But rather, when captured without their husbands or any protector, they were given protection of Muslim men and given dignity in the households. Since Islam is a religion based in practicality, reality means recognizing probabilities and then giving rules and regulations and rights based on them. Thus, Islam recognizes that men under whom these women are given as slaves might be inclined sexually towards them and thus Islam laid out the rules, regulations and rights regarding these women. This was not given so the female slave could be forced or abused as they were not to be compelled to copulate neither marry their Muslim protectors nor be forcibly converted to Islam.
Muslims of our time must be careful in understanding that what has been made permissible under Islam (i.e. allowing for sex with a slave acquired in
jihad as "right hand possession") does not mean that which is also advanced by Islam.
When Prophet :saws:
(peace and blessings be upon him) began receiving
Revelation, slavery already existed as a vestige of
jahilliyah (ignorance) in the paganistic Arabia's social structure, and this hierarchy could not have been eradicated without also creating an economic collapse or people turning away from the Message of Islam.
I also wanted to clarify that even while the any slaves widespread in paganistic Arabia or gained through
jihad were not forced under Islam to be freed overnight, the practice was highly encouraged which is why the practice as per the correct understanding of the rightly guided Caliph led eventually history to witness eradication of slavery under Islamic rule peacefully. More specifically,
slavery was abolished under the rule of Caliph Umar :ra: (may God be pleased with him) more specifically long before the movement to abolish slavery began in other parts of the world. Also, the notable accomplishment of Islam is the peaceful way in which slavery was abolished, because for example a civil war had ensued on the issue of slavery in the United States, and, furthermore, the sudden eradication of slavery in America led to an economic collapse in the South (within America). Yet the wisdom of Islam did not let that happen to early Muslims. However, due to the Persian Empire falling under Caliph Umar's :ra:
(may God be pleased with him) reign, the paradox was that eradication of slavery could not be sustained in the Caliphate.
Prophet :saws: said that if there was any prophet after him, it would have been Umar :ra:. That is because Umar :ra: was a great legislator of Islam in his own right. Also, Islam has greatly emphasized the status of Umar :ra:. If abolition of slavery had not been right in Arabia, Umar :ra: wouldn't have followed that understanding when he became Caliph.
Prophet :saws: said, "If there were to be a prophet after me, indeed he would be Umar, son of Khattab."
Prophet :saws: said, "Allah has placed truth upon Umar's tongue and heart."
Prophet :saws: said, "I dreamt that I was at a well drawing water with a young camel's bucket, Abu Bakr came and drew one or two buckets, but there was some weakness in his drawing. May Allah forgive him. Then 'Umar ibn al-Khattab came and it turned into a large bucket in his hand. I have not seen a leader among the people work so well as he did until the people watered their camels."
Prophet :saws: said, "While I was asleep, I dreamt that I drank (milk) until I could feel moisture coming out of my nails and then I gave it to 'Umar ibn al-Khattab." They asked, "How do you interpret it, Messenger of Allah?" He :saws: replied, "It means knowledge."
The above is evidence on what Allah intended, as the knowledge of the
deen in terms of
shariah was very correct with Umar :ra: and therefore it would be incorrect to say that slavery cannot be abolished in Islam, because it had once been abolished within Islam.
The question may arise as to why were these captive slave women were acquired as “right hand possessions” and not released on their own cognizance. That is because Islam is a pragmatic religion. Historically, what has happened after wars is that the women on the losing side became prey to starvation, poverty, prostitution, rape by lawless men on the streets, and their children bore the stigma of illegitimacy should they become pregnant in a time either due to rape or prostitution. In fact, they would have definitely found it hard to find suitors even from among their free male counterparts, had they been released, who’d suspect them of being ravished by their captors. Islam, however, envisioned a protective umbrella under which the responsibility of the women would specifically fall on the shoulders of the winning side of the warmongers so that these women's safety and chastity could be safeguarded and vouchsafed. Though glimmer it may be in the beginning, the hope of Islam is ultimately to secure for these women a marital home as free persons whereby their rights and dignity would be permanently secured.
Historically, also, there were many wives of enemy combatants in
jihad who were persecuted because they acknowledged the message of Islam and many also voluntarily sought asylum in the Muslim community out for economic and social reasons alone since Muslim women were granted rights (e.g. property ownership, community support, etc.) that were unprecedented at that time. Since these women did not go through a normal divorce process, an exceptional contract allows them to “marry” Muslims as free woman, not as slaves, and to have the protection and maintenance of the Muslim community since they also many times themselves so desired.
Slavery, let's remember, was not initiated by Islam.
Slavery is not and never has been an Islamic invention. Slave trade was an accepted way of life and fully established in all historical societies. The word “slave” comes probably from the people of Eastern Europe, the Slavs, and in historical societies many slaves were whites. Without exception, the ancient world accepted slavery as normal and desirable. The great civilizations of Babylon, Egypt, Greece, Rome, were built upon slave labor. The Greeks, from whom we derive so many humanistic ideas, were dependent on slavery. Three quarters of the population of Athens were slaves. Even Plato's Republic was based on slave labor. This was also the case of Rome. Under the Roman law, if or when a slave owner murdered, all his slaves were put to death also. In fact, half of the population of the Roman Empire were slaves.
However, Islam is unique concerning slavery in terms of as what religiously and legally made permissible in
shariah and also what it endorsed.
Even then Western pseudo-intellectuals and Orientalists would have us erroneously believe that Islam jeopardized the rights of women with the concept of “right hand possessions.” But we have to ask specific questions then to understand if that is indeed the case: Was it Islam that considered woman as being responsible for the banishing of man from Paradise? Was it Islam that took women as being the cause of all evils or regarded her as serpents? Was it in Islam that a meeting was held to debate whether woman could be regarded as a human being or not? No! This took place in France in 587 C.E. Actually all this was the norm of the past days of Western civilizations.
When Islam started, it tried to put an end to all such inhumane practices. It left no stone unturned in its quest to let women have their rights and dignity restored. This is clearly manifest in the way Islam handled the issue of slavery. Right from the start, Islam set a goal to eradicate this barbaric system. Yet, it needed to be done gradually, as the case with all bad habit and institutionalized practices that have stronghold in a society. People never give up easily!
As we know, after the end of hostilities, it’s the norm that prisoners of war be freed and exchanged through mutual agreement between the parties. Islam has made this clear in its divine texts that the captives must be freed through ransom or without ransom. Also, it’s socially understood that marrying freed female captives, would normally secure their rights, more than would be the case if they were set free without any guarantee for survival or for preserving their dignity.
We have to investigate further into this custom before we pass judgment.
There is an Islamic significance attached to the term “right hand possessions.” What is the immediate significance of this expression? The word “right hands” here refers to women taken as prisoners of war. It is by no means an implication of concubinage, for this is totally prohibited in Islam. Nor does it refer to purchasing female slaves from market to be used to satisfy sexual urge. It’s only during warfare that the right hand actually takes possession of captives, and this is what the Quran means. Another more important significance of the term “right hands possessions” is the clear reflection of the great concern Islam has for preserving the rights of those captives because linguistically the right hand has its special merit and privileged function in Islam.
Imam Qurtubi, in his commentary on this verse, says: “Allah Almighty uses the word ‘right hand’ here for it denotes great honor and respect. It suffices that it’s the one used when referring to spending, as mentioned in the hadith ‘… he who provides charity (seeking only Allah’s reward) in a way that his left hand does not know what his right hand spends …’ And it is the very hand used in making pledge of allegiance … etc.”
The term this indicates that the word “what your right hand possess” has a special and glorified meaning in Islamic usage. In fact, it signifies the great care and good treatment that captives or prisoners of wars should be accorded. This is how Islam dealt with the issue from the earliest stages. All this did not materialize all of a sudden, for slavery was a social ailment that needed to be addressed. So it was a gradual strategy laid down by Islam, not only to eradicate slavery, but also to give the freed slaves a complete social rehabilitation. First of all, Islam stipulated that all masters should take care of their captives; they should not be overburdened with tasks, nor should they be deprived of their human rights. The Prophet :saws:
(peace and blessings be upon him) made this clear in his
hadith (prophetic tradition) that masters should treat their slaves as their brothers and female captives as their sisters, if not in faith, at least in humanity. He :saws: said: “Your servants are thy brethren. Allah has put them under your control. He could, if He willed, make you under their control. Thus, whoever has his brother under his control, let him feed him of his same food and dress him of his same dress. Never saddle them with work that goes beyond their capability. If the work happens to be somehow difficult, lend them a helping hand.”
As for female captives, Imam Bukhari quotes the Prophet :saws: as saying: “If any of you have a slave girl, whom he gives good education and excellent training, and then he emancipates her and marries her, he shall have a two-fold reward.”
You see, that’s how Islam set the course of emancipating slaves. That they should be well treated has never been in doubt. Also, educating female captives and marrying them, after emancipation is considered an act of charity, which would earn one great reward. Not only that. Islam further put an end to the habit of using derogatory or pejorative names to address slaves. For in Islam, man or woman must not show servitude to anyone besides Allah the Almighty. So it was stipulated that the captives should be addressed in honored terms. Besides all that, the act of emancipating slaves used to be a competitive work among the Prophet’s :saws: Companions :ra:, for it was highly recommended by Islam and was considered an act of worship.
While Islam has also made use of what was an international custom during that era in enabling the custom of having intercourse with female captives, Islam placed specific limitations also. Here, Islam stipulated that if through sexual intercourse, the female slave got pregnant from her master, she would automatically gain her freedom. So would her child for he’d be born free then. What a wise approach to eliminate the bad habit and institutionalized practice of preternatural slavery in Arabia! So, allowing intercourse with a willing captive was not a means of unleashing sexual desires for men because she had to be treated the same as a wife even though her legal status was not that of a wife. Also, if Islam had envisioned slavery as something permanent, being pregnant would have availed the slave woman nothing, for she’d remain the property of her master no matter what and yet Islam decreed an automatic manumission of a woman who gave birth. No, Islam did not allow the practice for a sensual and voluptuous goal but to dignify women on the losing side of war and also the slave women who previously had no rights in pagan Arabia.
Let's remember also that Islam encourages Muslims to treat any slaves (man or woman) the same that they would treat themselves in terms of clothing, food, and shelter. The humane treatment and particular rights given to them as well as voluntary manumission is also primarily why many, even can be said to umpteen, non-Muslim slaves accepted Islam from their own volition as they recognized that such was unprecedented up to that time and that if they as slaves could merit such recognition of their humanity then that Scripture must be honored.
Verily, Allah honored mankind by enjoining upon them Islam.
Now, the final answer to the question of whether slavery is permissible in
shariah is on a mere technicality yes because Islam did once upon a time acknowledge slavery as a practice even though the same Islam also witnessed the complete eradication of slavery twice, once during the time of reign of Caliph Umar :ra: as per understanding of Islam's purpose in encouragement of manumission of slaves as desiring complete eradication and the other time in 19th century that included Muslim abolitionists strongly arguing for eradication of slavery due to understanding it as oppression. For us laypersons, I think it is best that we leave the question of slavery to Islamic scholars because we do not have a Caliphate under which any type of slavery could ever be considered valid. And we can never include or use the example
Daesh as it is a terrorist organization that is neither Islamic nor accepted as a Caliphate and is both a manifest evil and danger to and enemy of Muslims. And therefore, we are not in a position to discuss slavery except in a very remote and hypothetical context that is a wastage of our combined time, intellect, and energies.
InshaAllah (God-willing), this post has sufficiently answered all queries and concerns.
:wa: (And peace be upon you)