TIPS 3.45

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LIVING UNDER SHARI’A

Part 1

ISI/DI: SHARI’A – It is quite likely that those of us who are 50 years of age or younger will end up living under some form of Shari’a, Islamic Law. Those who are under the age of 25 will see those odds go up significantly significantly; for those who are born after the year 2075, it is early certain that Shari’a will be the only type of legal system they will know.

Those who will face the gravest danger are females. The Qur’an teaches that Infidel women can be lawfully taken for sexual use (cf. its allowance for a man to take “captives of the right hand,” 4:3, 4:24, 23:1-6, 33:50, 70:30). The Qur’an says that a man may have sex with his wives and with these slave girls: “The believers must win through, those who humble themselves in their prayers; who avoid vain talk; who are active in deeds of charity; who abstain from sex, except with those joined to them in the marriage bond, or the captives whom their right hands possess, for in their case they are free from blame.” (Qur’an 23:1-6)

The rape of captive women is also sanctioned in Islamic tradition:

Abu Sirma said to Abu Sa’id al Khadri (Allah be pleased with him): O Abu Sa’id, did you hear Allah’s Messenger (may peace be upon him) mentioning al-’azl? He said: Yes, and added: We went out with Allah’s Messenger (may peace be upon him) on the expedition to the Bi’l-Mustaliq and took captive some excellent Arab women; and we desired them, for we were suffering from the absence of our wives, (but at the same time) we also desired ransom for them. So we decided to have sexual intercourse with them but by observing ‘azl (Withdrawing the male sexual organ before emission of semen to avoid conception). But we said: We are doing an act whereas Allah’s Messenger is amongst us; why not ask him? So we asked Allah’s Messenger (may peace be upon him), and he said: It does not matter if you do not do it, for every soul that is to be born up to the Day of Resurrection will be born. (Sahih Muslim 3371)

It is also in Islamic law: “When a child or a woman is taken captive, they become slaves by the fact of capture, and the woman’s previous marriage is immediately annulled.” (Umdat al-Salik O9.13)

The Egyptian Sheikh Abu-Ishaq al-Huwayni declared in May 2011 that “we are in the era of jihad,” and that meant Muslims would take slaves. In a subsequent interview he elaborated:

Jihad is only between Muslims and infidels. Spoils, slaves, and prisoners are only to be taken in war between Muslims and infidels. Muslims in the past conquered, invaded, and took over countries. This is agreed to by all scholars — there is no disagreement on this from any of them, from the smallest to the largest, on the issue of taking spoils and prisoners. The prisoners and spoils are distributed among the fighters, which includes men, women, children, wealth, and so on.

When a slave market is erected, which is a market in which are sold slaves and sex-slaves, which are called in the Qur’an by the name milk al-yamin, “that which your right hands possess” [Qur’an 4:24]. This is a verse from the Qur’an which is still in force, and has not been abrogated. The milk al-yamin are the sex-slaves. You go to the market, look at the sex-slave, and buy her. She becomes like your wife, (but) she doesn’t need a (marriage) contract or a divorce like a free woman, nor does she need a wali (a governor or leader of an Arab country). All scholars agree on this point — there is no disagreement from any of them. […] When I want a sex slave, I just go to the market and choose the woman I like and purchase her.

Around the same time, on May 25, 2011, a female Kuwaiti politician, Salwa al-Mutairi, also spoke out in favor of the Islamic practice of sexual slavery of non-Muslim women, emphasizing that the practice accorded with Islamic law and the parameters of Islamic morality.

A merchant told me that he would like to have a sex slave. He said he would not be negligent with her, and that Islam permitted this sort of thing. He was speaking the truth. I brought up [this man’s] situation to the muftis in Mecca. I told them that I had a question, since they were men who specialized in what was halal, and what was good, and who loved women. I said, “What is the law of sex slaves?”

The mufti said, “With the law of sex slaves, there must be a Muslim nation at war with a Christian nation, or a nation which is not of the religion, not of the religion of Islam. And there must be prisoners of war.”

“Is this forbidden by Islam?” I asked

“Absolutely not. Sex slaves are not forbidden by Islam. On the contrary, sex slaves are under a different law than the free woman. The free woman must be completely covered except for her face and hands. But the sex slave can be naked from the waist up. She differs a lot from the free woman. While the free woman requires a marriage contract, the sex slave does not — she only needs to be purchased by her husband, and that’s it. Therefore the sex slave is different than the free woman.”

In January 2016, a female al-Azhar professor stated that Allah allowed Muslims to rape non-Muslim women in order to humiliate them.

Entitled the Personal Status Law, the regulation requires women to obey their husbands in a “reasonable manner” and to obtain permission from their male guardians to marry, divorce or have custody of their children.

In Islam a woman is a completely independent personality. She can make any contract or bequest in her own name. She is entitled to inherit in her position as mother, as wife, as sister and as daughter. She has perfect liberty to choose her husband.

(PRACTICE IS NOT ALWAYS THEORY.)

SHARI’A AND THE FREE WOMAN

Shari’a, derived from the Qur’an script and the teachings of Prophet Muhammad, known as Sunnah, governs various aspects of life, including the treatment of women. There are varying interpretations and applications of Shari’a across different regions and schools of thought, and it is important to consider the historical and cultural context in which these laws have been interpreted and implemented.

Based on Islamic teachings, here’s a general overview of how free women are treated under Shari’a:

1. Equality and dignity

Islam emphasizes the spiritual equality of men and women before Allah, stating that both receive equal rewards for their deeds. The Qur’an affirms this by stating, “Whoever does good deeds, whether male or female while being a believer, they will enter Paradise” (Qur’an, 4:124).
Islam acknowledges women’s independent identities, property rights, and dignity, which are maintained throughout their lives, even after marriage.

2. Marriage and divorce

A woman has the right to consent to her marriage and cannot be forced into it.
She is entitled to a dowry (mahr) from her husband, which is hers alone and cannot be claimed by anyone else.
If the marriage becomes harmful, a woman can seek a divorce, known as khula. Khula allows a wife to initiate a divorce, sometimes by returning the mahr or renouncing her claim to it.
During and after divorce, a wife has the right to financial support (nafaqah) from her husband.

3. Education and career

Islam encourages women to pursue education and permits them to work in fields aligned with Islamic values.

4. Property and inheritance

Women have the right to own and manage property and inherit from relatives. They are not required to contribute financially to household expenses.

5. Other rights and responsibilities

Women are entitled to be treated with kindness, respect, and emotional support. They also have rights related to personal safety, health, and choosing their residence, which their husband is responsible for providing. Participation in social and political life is encouraged but not obligatory. Modest dress is required, though interpretations vary.

Important considerations:

While Islamic teachings promote rights for women, some interpretations and cultural practices, particularly in certain regions, have led to restrictions. These restrictions often stem from patriarchal interpretations rather than core principles. It is important to recognize the diversity of experiences among Muslim women globally, many of whom use Shari’a to advocate for gender equality.

Political and Social Participation: Women have historically played vital roles in Islamic societies, including active participation in public affairs, lawmaking, and scholarly pursuits.
Right to Represent Themselves: Muslim women have the right to represent themselves in court, testify, and make their voices heard.
Islamic teachings emphasize modesty for both men and women, with various interpretations and practices of hijab (head covering) existing across cultures and regions.

It is crucial to acknowledge that the interpretation and implementation of Sharia law regarding women’s rights can vary significantly depending on the prevailing cultural norms and political systems in different Muslim societies. Some countries enforce stricter interpretations, leading to limitations on women’s freedoms, while other interpretations are more aligned with modern views on equality and empowerment.

SHARI’A AND THE SLAVE WOMAN

Sharia law, as interpreted in many historical and traditional contexts, addresses the treatment of female slaves with a complex set of rules. While it acknowledges slavery as a social institution, it also outlines specific rights and protections for female slaves, particularly regarding their relationship with their owners and the potential for freedom.

Here’s a breakdown of key aspects:

1. Concubinage and Marriage:

A male owner could not simultaneously own and be married to a female slave.
He could either marry her off to another man, thus relinquishing his sexual access to her, or take her as a concubine.
If a female slave bore her owner’s child, she became an “ umm salad” (mother of a child).
An umm walad could not be sold and was automatically freed upon her owner’s death, according to religious texts.

2. Rights of Female Slaves:

Basic Maintenance: Female slaves, including concubines, were entitled to basic necessities like food and shelter.
Protection from Abuse: They had the right to be protected from physical and sexual abuse.
Religious Observances: Concubines were allowed to practice their religious faith.
Right to Property: They had a limited right to own property.
Right to Non-Separation from Children: A mother could not be separated from her young children (typically under 7 years old).

3. Distinction Between Slaves and Free Women:

Islamic law often differentiated between free women and slave women, especially regarding veiling practices.
Slave women were often not required to wear the hijab (veil) in the same way as free women.
This distinction was linked to the idea of modesty and social status, according to some interpretations.

4. Limitations and Variations:

While Shari’a outlined these rights, the actual treatment of female slaves varied greatly throughout Islamic history and across different regions.
Some interpretations allowed for harsh treatment, while others emphasized humane treatment and gradual emancipation.
The concept of awrah (intimate parts) was also applied differently to free women and slave women, influencing their clothing and exposure.

5. Contemporary Views:

Many contemporary Muslims reject slavery as incompatible with modern values.
Some scholars argue that the Qur’an, while not explicitly abolishing slavery, acknowledges the inherent injustice of the institution.
This has led to a re-examination of historical interpretations and a move towards promoting emancipation and equality.

Historically, Islamic law (Shari’a) regulated the treatment of slave women in various ways, reflecting both pre-Islamic customs and new rules introduced by Islam

Sexual relations: Shari’a allowed men to have sexual relations with their female slaves (concubinage), often viewing the master-slave relationship as a legal basis for such relations. The Qur’an refers to female captives as “those whom your right hands possess,” which some interpretations understand as allowing concubinage. However, modern scholars often disagree with this interpretation, emphasizing that the Qur’an restricts sexual relations to marriage and some argue for the necessity of consent in such relationships. Prostitution of slave women was explicitly prohibited.
Marriage and Ownership: A man could not simultaneously own and be married to the same female slave. He could marry her off to another man, renouncing his right to sexual access to her. In this case, any children born would be slaves belonging to the mother’s owner, though paternity would be established for her husband.
Umm al-Walad (Mother of a Child): If a female slave gave birth to her master’s child and he acknowledged paternity, she gained the status of “umm al-walad.” This status afforded her special protections: she could not be sold and was automatically freed upon her master’s death. The child was considered free and legitimate, with full rights of name and inheritance.
Rights: Concubines, in general, had limited rights compared to free women. They were entitled to basic maintenance, food, and shelter, and protection from physical abuse. They had a limited right to own property and could not be separated from their children until a certain age (often seven years).
Emancipation: Shari’a encouraged the manumission of slaves, often seen as an act of piety, and provided several avenues for slaves to gain freedom, such as buying their freedom through a contract (mukataba) or being freed by their master’s will or as expiation for certain sins.
Punishment: The punishment for adultery for slave women was half that of free women.
Dress Code: There were differing opinions on the dress code for concubines, with some scholars arguing for modesty and seclusion, while others noted that in practice they might not cover themselves in the same way as free women.

Historical context

It is important to note that the actual implementation and interpretation of these laws varied significantly across different periods and Muslim societies. The practice of concubinage was common in elite circles, but not necessarily among the broader Muslim population. Modern Islamic scholars generally view slavery as contrary to Islamic principles of justice and equality and consider concubinage to be no longer permissible.

See COPYRIGHT information below.