According to the teaching of Jesus and Paul in the NT the marriage bond is sacrosanct and cannot be broken except by fornication or abandonment. In Islam the marriage bond of the non-Muslim is broken to share out the spoils of war. Which religion is from God?

12562: What is a “right hand servant”? Does the owner of a “right hand servant” have to be married?


What is a right hand servant? Do you have to be married to have one? How can you finalize it and get one and state this person as your right hand servant?.

Praise be to Allaah.  Firstly:

If Allaah enables the Muslim mujahideen to defeat kaafir enemies in war, then the men may be killed, ransomed, set free without ransom or enslaved. The choice between these four options is to be made by the ruler, according to what he thinks is the best course.

With regard to the women, they become slaves and “those whom one’s right hand possesses” (described as a “right hand servant” in the question). Male children also become slaves. The ruler shares out these slaves among the mujaahideen.

Shaykh al-Shanqeeti (may Allaah have mercy on him) said: The reason why a person may be taken as a slave is his being a kaafir and waging war against Allaah and His Messenger. If Allaah enables the Muslims who are striving and sacrificing their lives and their wealth and all that Allaah has given them to make the word of Allaah supreme over the kaafirs, then He allows them to enslave the kuffaar when they capture them, unless the ruler chooses to free them or to ransom them, if that serves the interests of the Muslims.

Adwa’ al-Bayaan, 3/387

Islam limited the sources of slaves which existed before the mission of the Prophet (peace and blessings of Allaah be upon him) to just one source, namely slavery resulting from capturing prisoners from among the kuffaar.

Islam treated female slaves more kindly in their enslavement than other cultures did. Their honour was not considered to be permissible to anyone by way of prostitution, which was the fate of female prisoners of war in most cases. Rather Islam made them the property of their masters alone, and forbade anyone else to also have intercourse with them, even if that was his son. Islam made it their right to become free through a contract of manumission; it encouraged setting them free and promised reward for that. Islam made setting slaves free an obligation in the case of some kinds of expiation (kafaarah), such as the expiation for accidental killing, zihaar (a jaahili form of divorce in which a man said to his wife, “You are to me as my mother’s back”), and breaking oaths. They received the best treatment from their masters, as was enjoined by the pure sharee’ah.

Secondly:

A mujaahid does not have to be married in order to gain possession of a “slave whom one’s right hand possesses.” None of the scholars expressed such a view.

Thirdly:

If a mujaahid takes possession of a female slave or male slave, it is permissible for him to sell them. In either case – whether one acquires a slave through battle or through purchase – it is not permissible for a man to have intercourse with a female slave until she has had a period from which it may be ascertained that she is not pregnant. If she is pregnant then he must wait until she gives birth.

It was narrated that Ruwayfi’ ibn Thaabit al-Ansaari said: I heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say on the day of Hunayn: “It is not permissible for any man who believes in Allaah and the Last Day to irrigate the crop of another else – meaning to have intercourse with a woman who is pregnant. And it is not permissible for a man who believes in Allaah and the Last Day to have intercourse with a captured woman until he has established that she is not pregnant. And it is not permissible for a man who believes in Allaah and the Last Day to sell any booty until it has been shared out.”

Narrated by Abu Dawood, 2158; classed as hasan by Shaykh al-Albaani in Saheeh Abi Dawood, 1890.

For many reasons, including the fact that the Muslims have long since given up jihad, slavery is now very rare. This means that the Muslims must be extra cautious by examining any case in which it is claimed that someone is a slave, whether male or female.

For more information see question no. 26067

And Allaah knows best.

At the present time, is it Halal to have a sexual intercourse with your Loundi (a female prisoner of war) without getting married to her?.

Praise be to Allaah.  It is not permissible for a man to have intercourse with anyone except his wife or his female slave (concubine). A wife becomes permissible after shar’i marriage and a concubine becomes permissible to the man who owns her. She may originally be a prisoner of war, and a Muslim may obtain a concubine from the ruler or commander if he took part in fighting in jihad, or if he buys her from her owner. She becomes permissible for him by virtue of his ownership after it is established that she is not pregnant by waiting for one menstrual cycle, or until she has given birth if she is pregnant.

Allaah says (interpretation of the meaning):

“And those who guard their chastity (i.e. private parts, from illegal sexual acts)

6. Except from their wives or (the slaves) that their right hands possess, ـــ for then, they are free from blame”

[al-Mu’minoon 23:5-6]

It was narrated that Abu Sa’eed al-Khudri said: The Prophet (peace and blessings of Allaah be upon him) said, concerning the prisoners of Awtaas: “Do not have intercourse with a pregnant woman until she gives birth, or with one who is not pregnant until she has menstruated once.” Narrated by Abu Dawood, 2157. This hadeeth was classed as saheeh by Shaykh al-Albaani in Irwa’ al-Ghaleel, 187.

In the answer to question no. 10382 we have stated that Islam permits a man to have intercourse with his slave woman whether he has one or more wives or he is not married.

In the answers to questions no. 5707 and 12562 it states that female prisoners of war may be distributed by the commander in jihad, because he has the choice of either distributing them, or ransoming them or setting them free.

What did the true Jesus of the New Testament say?

Mark 10 v 2 And the Pharisees came to him, and asked him, Is it lawful for a man to put away his wife? tempting him. 3 And he answered and said unto them, What did Moses command you? 4 And they said, Moses suffered to write a bill of divorcement, and to put her away.5 And Jesus answered and said unto them, For the hardness of your heart he wrote you this precept. 6 But from the beginning of the creation God made them male and female.7 For this cause shall a man leave his father and mother, and cleave to his wife; 8 And they twain shall be one flesh: so then they are no more twain, but one flesh. 9 What therefore God hath joined together, let not man put asunder.

10 And in the house his disciples asked him again of the same matter. 11 And he saith unto them, Whosoever shall put away his wife, and marry another, committeth adultery against her. 12 And if a woman shall put away her husband, and be married to another, she committeth adultery.

So the marriage bond cannot be broken because a non-Muslim has defended himself against the jihadist aggression of the mujahadeen. Islam has no right to attack and take away the lives and possessions of non-Muslims and dissolve their marriages.

Thou shalt not covet. Thou shalt not steal. Thou shalt not kill. Thou shalt not commit adultery. Moses, who they falsely think is their prophet, will condemn them on the day of judgement.

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8 Responses to According to the teaching of Jesus and Paul in the NT the marriage bond is sacrosanct and cannot be broken except by fornication or abandonment. In Islam the marriage bond of the non-Muslim is broken to share out the spoils of war. Which religion is from God?

  1. madmanna says:

    [4.23] Forbidden to you are your mothers and your daughters and your sisters and your paternal aunts and your maternal aunts and brothers’ daughters and sisters’ daughters and your mothers that have suckled you and your foster-sisters and mothers of your wives and your step-daughters who are in your guardianship, (born) of your wives to whom you have gone in, but if you have not gone in to them, there is no blame on you (in marrying them), and the wives of your sons who are of your own loins and that you should have two sisters together, except what has already passed; surely Allah is Forgiving, Merciful.

    [4.24] And all married women except those whom your right hands possess (this is) Allah’s ordinance to you,

    [23.5] And who guard their private parts,
    [23.6] Except before their mates or those whom their right hands possess, for they surely are not blameable,

    According to the Quran if the married woman is a slave she is halal. It is not forbidden to have sex with her.

  2. madmanna says:

    “The context of QS.4 v.23-v.24 is obviously about the legal marriage, not a free sex, let alone rapeing.”

    No, the text is clearly stating which women it is forbidden to have sex with. Married women are just one group included in those who are forbidden. The text makes the exception for married slaves:

    “[4.23] Forbidden to you are ……………………all married women except those whom your right hands possess (this is) Allah’s ordinance to you,”

    This is just wishful thinking on your part.

    Islam QA agrees with this:

    “Praise be to Allaah. It is not permissible for a man to have intercourse with anyone except his wife or his female slave (concubine). A wife becomes permissible after shar’i marriage and a concubine becomes permissible to the man who owns her. She may originally be a prisoner of war, and a Muslim may obtain a concubine from the ruler or commander if he took part in fighting in jihad, or if he buys her from her owner. She becomes permissible for him by virtue of his ownership after it is established that she is not pregnant by waiting for one menstrual cycle, or until she has given birth if she is pregnant.”

    and another text from the Quran:

    [33.50] O Prophet! surely We have made lawful to you your wives whom you have given their dowries, and those whom your right hand possesses out of those whom Allah has given to you as prisoners of war, and the daughters of your paternal uncles and the daughters of your paternal aunts, and the daughters of your maternal uncles and the daughters of your maternal aunts who fled with you; and a believing woman if she gave herself to the Prophet, if the Prophet desired to marry her– specially for you, not for the (rest of) believers; We know what We have ordained for them concerning their wives and those whom their right hands possess in order that no blame may attach to you; and Allah is Forgiving, Merciful.

    You are obviously resorting to creating your own version of Islam which is against the Quran. Many Muslims do this because they are embarrassed by the Quran. They put the Quran in their own preferred context to make it say something different.

  3. θ says:

    On marrying the female captives.
    Narrated `Abdullah: We used to participate in the holy wars carried on by the Prophet (ﷺ) and we had no women (wives) with us. So we said (to the Prophet (ﷺ) ). “Shall we castrate ourselves?” But the Prophet (ﷺ) forbade us to do that and thenceforth he allowed us to marry a woman (temporarily) by giving her even a garment, and then he recited: “O you who believe! Do not make unlawful the good things which Allah has made lawful for you.”
    حَدَّثَنَا عَمْرُو بْنُ عَوْنٍ، حَدَّثَنَا خَالِدٌ، عَنْ إِسْمَاعِيلَ، عَنْ قَيْسٍ، عَنْ عَبْدِ اللَّهِ، رضى الله عنه قَالَ كُنَّا نَغْزُو مَعَ النَّبِيِّ صلى الله عليه وسلم وَلَيْسَ مَعَنَا نِسَاءٌ فَقُلْنَا أَلاَ نَخْتَصِي فَنَهَانَا عَنْ ذَلِكَ، فَرَخَّصَ لَنَا بَعْدَ ذَلِكَ أَنْ نَتَزَوَّجَ الْمَرْأَةَ بِالثَّوْبِ، ثُمَّ قَرَأَ ‏{‏يَا أَيُّهَا الَّذِينَ آمَنُوا لاَ تُحَرِّمُوا طَيِّبَاتِ مَا أَحَلَّ اللَّهُ لَكُمْ ‏}‏
    Arabic: An nankiha almar-ata (to marry a woman)
    ثُمَّ رَخَّصَ لَنَا أَنْ نَنْكِحَ الْمَرْأَةَ بِالثَّوْب‏
    Bukhari, Vol. 6, Book 60, Hadith 139

    Yahya related to me from Malik that he had heard that Abdullah ibn Abbas and Abdullah ibn Umar were asked about a man who had a free woman as a wife and then wanted to marry a slave-girl. They disapproved that he should combine the two of them.
    Al-Muwatta Book 28, Hadith 28.

    Malik said, “The christian and jewish slave-girl are halal for their master by right of possession, but intercourse with a magian slave-girl is not halal by the right of possession.”
    Muwatta Book 28, Hadith 38.

    Hisham b. ‘Urwa narrated: Her (Barira’s) husband was a slave, so Allah’s Messenger gave her the option (either to retain her matrimonial relation with her husband or sever it off). She opted to break off (and secure freedom for her even from the matrimonial alliance).
    Muslim 1504.

    Narrated ‘Amr b. Suh’aib: On his father’s authority, said that his grandfather reported the Prophet said: When one of you marries his female servant to his slave or to his employee, he should not look at her private part below the navel and above the knees.
    Abi Dawud 4114.

    It was narrated from ‘Amr bin Shu’aib, from his father, from his grandfather, that the Prophet said: “There are four kinds of women for whom there is no Li’an (divorce by accusation of doing affair) a Christian woman married to a Muslim, a Jewish woman married to a Muslim, a free woman married to a slave, and a slave woman married to a free man.”
    Ibn Majah Vol. 3, Book 10, Hadith 2071.

  4. θ says:

    Impractical obsessive purity.
    A woman can be indirectly guilty of committing adultery and unknowingly lose her way to God’s kingdom simply because she falls to be a victim or object of the “checking out” eyes of the unknown men?
    Very unjust.
    Mt 5
    28 But I say unto you, That whosoever looketh on a woman to lust after her hath committed adultery with her already in his heart.29 And if thy right eye offend thee, pluck it out, and cast it from thee: for it is profitable for thee that one of thy members should perish, and not that thy whole body should be cast into hell.

    1Cor 6:9
    Know ye not that the unrighteous shall not inherit the kingdom of God? Be not deceived: neither fornicators, nor idolaters, nor adulterers, nor effeminate, nor abusers of themselves with mankind,

  5. θ says:

    Impractical obsessive purity.
    Physically a woman is defiling foe for man?
    Rev 14:4
    These are they which were not defiled with women; for they are virgins. These are they which follow the Lamb whithersoever he goeth. These were redeemed from among men, being the firstfruits unto God and to the Lamb.

  6. θ says:

    Impractical obsessive purity.
    Phobia of woman’s voices.
    Due to being gossipers, the woman has to turn to be like a “dumb statue” in the churches?
    1Cor 14:34
    Let your women keep silence in the churches: for it is not permitted unto them to speak; but they are commanded to be under obedience, as also saith the law.

  7. θ says:

    Impractical obsessive purity.
    Paul has a prophesy concerning woman in the last days. The future woman shall be silly, having the lack of intelligentsia, having addiction to lust, because she opens her house’s door in order to be served by many men in turn (androgyny).
    2Tim 3:6
    For of this sort are they which creep into houses, and lead captive silly women laden with sins, led away with divers lusts,

  8. θ says:

    Can be Mary Magdalene, woman of Pericope Adulterae, Samaritan widow, and unknown woman who washed Jesus’ feet counted as a figurative mother of Jesus?
    Lk 8:21
    And he answered and said unto them, My mother and my brethren are these which hear the word of God, and do it.

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