Cohabitation with captives

1. Cohabitation with captives Numerous pre-islamic patterns of sexual behaviour

2. Rationale • Islam approves of contracted normal marriage and • Marriage like cohabitation • Besides this it is absolutely prohibited

3. Rationale • Marriage to slaves • Islam approach to the problem is neither total prohibition nor unqualified approval • Slavery was always there • People became slaves for several reasons

4. Rationale • Insolvent debtors became slave by the creditor • As a punishment for crimes • Nonpayment of debt • Free individual sell themselves • Aristotle `slavery is based on nature, and that certain races are intended to be subject`

5. Rationale • All sources of slavery except for 2 are unlawful in Islam • Birth from slavery • And from war • Fundamental changes started from the expiation process • Religio-legal obligation to expiate offences like mistaken manslaughter

6. Treatment to slaves in Islam • Not to be harrassed • Not to be humiliated • Or overcharged with labour • To be treated kindly and humanely • To be fed and clothed with the same as the master • To be encouraged to seek his freedom • To be helped by private and public funds to enhance attainment

7. War • Not every war is legitimate for acquiring slaves • Nor is every prisoner destined to be slaves • Must be justified • Defensive • Declared by the caliph • If prisoner accepted Islam before capture he is free

8. Rationale • Thirdly if a prisoner is captured in a legitimate war and has not chosen Islam, muslims may grant him freedom with/without compensation • Islam regards it as a meritorious act to slave emancipation. This applies to both male and female

9. Rationale • Another chance for women by cohabiting with the master- conflicting observations • If a master wishes to take a slave as a wife he must set her free then consummate the marriage • This is the same for a free woman and her slave • But if the master does not wish to marry her as a free woman he may cohabit with her with significant consequences

10. Conseqences • Not commendable under normal circumstances because the preferable choice is to marry a free believer- up to 4 . If he is worried about injustice or is poor, only one or resort to one of the 3 in order of preference: • Exercise willpower and temporarily abstain • Marry a slave girl • Cohabit with his own slave

11. Evidence • `If you fear that you will not act justly towards the orphans, marry such women that seem good to you, two, three, four; but if you fear that you would not be equitable, then only one, or what your right hands own; so its liklier you will not be partial.’ 4:3 • 4:29 • 24:32-33

12. Rationale • No limit • Like marriage • No 2 sisters • Related • Not idolatresses • Not with newly acquired slaves until period • Only with ahlulkitab and muslims slaves • Not to force to other men

13. Rationale • Its not about unqualified prerogative of the master free to exploit his slaves • Responsible, conscientious relationship • Highly significant and far-reaching consequences • Not a sex pursuit • Not devoid of spiritual implications

14. Rationale • Unlawfull to sell a pregnant slave or even accept a freedom ransom from her • She reaches the rank of `umm walad’ • Not classified a s a slave • Authority is restricted- cant sell her, or give her away not can he do anything to hinder her way to freedom • If he dies without freeing her she becomes free unconditionally.

15. Rationale • Fruitful cohabitation was conceived as an irreversible passage to ultimate freedom for the slave girl as well as all her decendants, and such a course can reduce to a considerable extent one basic source of slavery, birth from slave parents. • Islam encouraged the cohabitation of slaves as another avenue to liberation for them and their progeny.