Question

I am so stressed as I have read that concubines or slave women are halal in Islam and that our Prophet (peace and blessings be upon him) had them please answer me and give me an answer of what Prophet (peace and blessings be upon him) said of slave women could they marry them?

Answer with the help of the Master of all the worlds

Slavery was an international custom when the Messenger of Allah (peace and blessing be upon him) came to this world and unfortunately, slaves were sometimes treated worse than animals by the people of ignorance. People tend to forget that Islam did not introduce slavery to this world, but rather set the path to eradicate slavery from this world. The Messenger of Allah (peace and blessing be upon him) was sent by Allah as a mercy to all the worlds and so he encouraged the freeing of slaves all throughout his blessed life. In fact, many of the Kaffaaraat (compensations) of sins require the freeing of a slave, if in possession. He (peace and blessing be upon him) promised great and magnificent rewards for freeing slaves. He (peace and blessing be upon him) himself had Sayyiduna Zayd as a slave, who was gifted by Sayyidah Khadeejah (Allah is pleased with her), but later freed him and then kept him as his own son. Sayyiduna Abu Bakr (Allah is pleased with him) spent a lot of his wealth on buying and then immediately freeing slaves.

The Messenger of Allah (peace and blessing be upon him) also gave rights to slaves (including slave women) and made them from amongst the Shariah Law; these were laws that were never seen before. Slaves were treated as family members by the Muslims, which shocked the non Muslims of that time. These laws include the good treatment of slaves and the obligation to provide food, drink and clothing and the prohibition of harming them or overbearing them with that which they cannot bear. If an owner of a slave could not fulfil these rights, then the Shariah orders him/her to free the slave or sell the slave to someone who can provide these rights.

When Islam was forced to war by the unjust and tyrants, coincidently captives were brought back to the Muslim lands which, at times, also included women. It was foolish and also a risk to free them as they, most likely, would return and force the Muslims to war again, which would result in more bloodshed. Rather than killing or imprisoning them, Islam allowed them to be distributed to appropriate people as slaves. These people would obviously take work from them, but were ordered to look after them, treat them well and fulfil their rights; and when it appeared that they are not a threat to Islam anymore, they were encouraged to free them.

As it was already an international custom, Islam also allowed copulation with one’s own slave woman without the nikah and regarded the milkiyyah (ownership) as a substitute for nikah. When a master enjoyed copulation with his slave woman, it was regarded highly honourable for her and it created love and affection between them. It was as though she had received the status of a wife in the household. This was only because of the rights given by Islam; otherwise the non Muslims used them as prostitutes and passed the women to each other, whereas Islam forbade anyone to sleep with a slave woman of another without nikah. Once a person had copulation with his slave woman, Islam encouraged him to free her and then do nikah with her.

The children born through such copulation with the master are free and also confirm the freedom of their mother on the death of her master.

All slaves had the right to marry with the permission of their masters. If a slave woman was married already before she became a slave woman and her marriage was still valid, then the master was not permitted to enjoy copulation with her. There are many other rules regarding the safeguarding of slaves and their freedom, which I do not have time to present here, but as time showed, Islam gradually became the cause of all slaves being freed in Muslim lands.

Although it was not possible to marry one’s own slave woman unless she was freed, the latter Hanafi Jurists have regarded it best to perform nikah with the slave woman, if the master wished to enjoy intercourse with her. It says in Fataawa Aalamgiri:

“The Scholars said: In this era it is best that he gets married to her so that if she is (turns out to be) a free woman then copulation with her for him is halal through nikah, the same is mentioned in Siraajiyyah.”

Al-Durr Al-Mukhtaar, Radd Al-Muhtaar and Al-Bahr Al-Raa’iq have also mentioned this. The reason for this is that after the time of the Prophet (peace and blessing be upon him), sin and crime began to spread. And as time went on, sin and crime became common and therefore, it is possible that this is a free woman that someone has captured and sold on, which would mean it is forbidden to have intercourse with her outside of a marital agreement.

Also, if a man is already married to a free woman, it is not permissible for him to marry a slave woman. The Messenger of Allah (peace and blessing be upon him) said:

“Do not marry a slave woman if you are already married to a free woman.”

However, if a person is married to a slave woman and then marries a free woman, then it is permissible. In such a situation, the man is obliged to spend a night with the slave wife, for every two nights he spends with the free wife.

The Messenger of Allah (peace and blessing be upon him) was gifted Sayyidah Maariyah (Allah is pleased with her) by the king of Egypt. She accepted Islam and the Messenger of Allah (peace and blessing be upon him) treated her just like he treated his other wives. He (peace and blessing be upon him) ordered her to cover herself like free women and also built a separate house for her. In a narration, Sayyidah Aaishah said:

“No woman allured me like Maariyah did.”

Eight years after Hijrah, The Prophet’s son, Sayyiduna Ibrahim (Allah is pleased with him) was born from Sayyidah Maariyah. Sayyiduna Abu Bakr Siddiq sent her provision throughout his life, after the demise of the Prophet (peace and blessing be upon him), and then Sayyiduna Umar continued this.

Sayyidah Rayhaanah Bint Shamgoon was brought as a captive from the Jewish tribe Banu Qurayzah. She decided not to accept Islam, until a while passed. When she did, the Messenger of Allah became very pleased and asked her if she wished to be freed and then be married. She requested to remain a slave woman of the Prophet (peace and blessing be upon him). He (peace and blessing be upon him) treated her exactly like a wife. He spent the same number of nights with her as he did with his wives and loved her dearly.

As Islam is a religion of purity and upholds the importance of preserving genealogy, slave women are given similar rights to wives. For example, none is allowed to sleep with her, not even her master if she already has a husband. If she doesn’t have a husband and her master sleeps with her, then she is haram upon all other men, she also has iddah, which is called istibraa in her case. Therefore, if she is pregnant and becomes in the ownership of another, then he is not allowed to sleep with her until she delivers and she cannot get married to someone until she delivers; the master has to provide a home, food and clothing for her in the same way he has to for a wife; if the master sleeps with her, then Hurmah Musaaharah occurs, which means her mother, daughter, aunts, nieces etc become haram upon him forever.

It is important to know and understand that these matters are bound with a Muslim government and no free person becomes a slave, unless he/she is a captive of war and the leader of the believers orders for them to be distributed as slaves (which is highly and very unlikely to happen anymore).

And Allah knows best.

Zahid Hussain Al-Qadiri

(Beggar at the doorstep of Scholars)

21st Sha’baan 1436 AH