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Does Islamic Shari’ah Permit Extramarital Relationship With Slave Women?
Does Islamic Shari’ah Permit Extramarital Relationship With Slave Women?
ABSTRACT
“The believers must (eventually) win through, those who humble themselves in their prayer, and who turn away from all that is frivolous, and who are intent on inner purity; and who are mindful of their chastity, [not giving way to their desires] with any but their spouses or (the captives) whom their right hands possess, for then, behold, they are free of all blame, whereas such as seek to go beyond that [limit] are truly transgressors; and who are faithful to their trusts and to their pledges, and who guard their prayers [from all worldly intent].”
I am sorry, I have grossly overstepped this time. I have included nine short beautiful ayahs. When I read the reward of these Momins in the two ayahs following these nine:3
“It is they, they who shall be the inheritors, that will inherit the paradise; [and] therein shall they abide.”
I was convinced, my readers also would endorse my digression. On the revelation of these ayahs the Holy Prophet said to his companions, "Just now ten verses have been revealed to me and anyone who follows them in letter and spirit will go to heaven." (Ibn Kathir)
The ayahs start with a promise that Momins would eventually succeed in this world and obtain salvation in the Hereafter. Sayyida A’ishah was asked about the Prophet’s character. Her answer was: “His character was the Qur’ān in practice.” She then recited verses 1-9 of the sūrah Al Mumenoon, and commented, “Such was God’s Messenger.” [Narrated by al-Nasā’ī]
The ayahs have focused attention on the following attributes needed to earn paradise:
Those who humble themselves in their prayer, and
Who turn away from all that is frivolous, and
Who are intent on inner purity; and
Who are mindful of their chastity, and
Who are faithful to their trusts and to their pledges, and
Who guard their prayers [from all worldly intent].”
These are in fact the character of a Muslim at its highest level.
The first and foremost is humility in prayers; please note, not just prayers but humility in prayers. This is the “rooh” of prayers as against the form and ritual. Al-Rāzī quotes two ḥādīths: “How many a worshipper stands to pray whose share is only toil and weariness,” and, “The servant has of his prayer only that which he understands.” We are then commanded to stay away from frivolity. Why is this prohibition important? Unfortunately but factually a vast majority of humans have a fascination for trivialities. Gaiety and nonsense take precedence over weightier issues.
وَالَّذينَ هُم لِلزَّكاةِ فاعِلون is the next injunction. Most mufassirs have used it in the Shari’ meaning and therefore treat this ayah as referring to zakah,. Dr. Mohammed Asad depends on the lexicon meaning of the word zakah and therefore translates it as “(inner) purity” in this context quoting Zamakhshari and Abu Muslim. This is a very broad term easy to feel and understand but difficult to define. In the words "who guard their private parts” we are informed that they are mindful of their chastity; they rein in their base and animal passions. This ayah also discourages celibacy in Islam and recognizes sexual gratification per se as permissible and desirable within the limits drawn. The next two ayahs define the sort of sex relationship that is valid in our shari’ah. First, with the spouse. No debate here; has been the norm over the centuries in all communities. Second, with “(the captives) whom their right hands possess”. This has been rather controversial in modern times specially for the thinking Muslims who cannot accept the Madrasah curriculum and its philosophy of Taqleed. There is support for this attitude in Muslim scholarship. Dr. Mohammed Asad discusses and quotes three ayahs and concludes that a slave girl needs to be married as other free women. Maulana Maudoodi carries exactly opposite opinion “Thus the verse clearly lays down the law that one is allowed to have sexual relations with one's slave-girl as with one's wife…..” The debate is beyond me. Sayyid Qutb maintains that sexual relationship with slave girls was allowed as an essential and calculated need of society of those days. The next attribute discussed, loyalty to Trusts and Pledges to Allah by society or individuals is one of the mainstay in our Shari’ah. It is emphasised repeatedly in our Holy Text. These attributes ensure strength of character.
This description of the Path to Heaven started with reference to Prayers and also ends with its mention. This signifies its crucial and pivotal role in the organization of our Faith. It is the most important and ideal form of worship that we can offer to our Lord. Praying should not be a load to cast off in three minutes but a pleasure to communicate with our Lord Creator. As Maulana Maudoodi puts it, “they do not recite mechanically but understand what they recite and are conscious that they are supplicating their Lord like humble servants.” The five mandated prayers are our real identity and not the commonly touted headscarf or a white cap and flowing beard.
As I have stated in the beginning, the discourse ends with a clear and direct statement form Allah Ta'aala Subhaanahoo that these are the folks who will “inherit” the Jannah. ……
........and Allah knows best.
May Allah Ta’aala bless us with true understanding--“fahm”--of our Deen, Aameen.
July 20, 2017
Read ONLY, IF AND WHEN you have time and mood for:
“An Ayah of the Quran for 30 Days” -- July 2017
Choose the section you have time, in the next 30 days to read this ayah:-
Prelude: Recurrent Primary Message 1st. Page
Starting Dua, a note & The Ayah 2nd. Page
A Short Summary: For the Busy Bee Two Pages
The Main Story: Recommended Four Plus Pages
Footnotes: For the Perfectionist Two Pages
PRELUDE
From the Pen and Perspective of a self-styled PPK Muslim (Proud, Practicing, Knowledgeable) with a humble submission that Islam totally rejects Blind Following BUT vigorously focusses on the Limitations of Pure Human Reasoning..............and clearly and comprehensively AlLAH knows best.
In the beginning of the seventh century C.E., the folks of Mecca and Medina had a fascinatingly unique window: they had direct access to the Heavens through one of their own. They were blessed with a regular stream of Divine counseling and guidelines. Question and answer sessions were part of the program. Even individual questioner was graced by an answer. In the short Introduction to this scheme they were assured that at the end of this twenty-two year project, Divine Directions and Admonitions will continue through the agency of the PEN. The whole discourse has been preserved and archived till eternity under the guarantee of our Lord and Creator. This record in known as the Quran.
It should sound unbelievable but factually appears to be true: Many of our prevalent, widespread and important concepts and opinions about religious matters do not have a basis in the Quran and sometimes even appear to be in obvious conflict with the teachings of the Quran. It would be very educative and helpful to discuss an Ayah once a month to see if it supports or rejects our views and actions in our daily life. I wish and hope this generates a fruitful interactive discussion.
DUAA’
بِسمِ اللَّهِ الرَّحمٰنِ الرَّحيمِ
In the name of Allah, we praise HIM, seek HIS help and ask for HIS forgiveness. Whosoever Allah guideth none can misguide; whosoever HE allows to fall astray, none can guide him right. We bear witness that there is none worthy of worship but Allah alone and we bear witness that Mohammed, SAW is HIS slave-servant and the Seal of HIS Messengers.
Further, we recall that Allah Ta’aala has declared in HIS Book1
“He granteth wisdom to whom He pleaseth; and he to whom wisdom is granted receiveth indeed a benefit overflowing; but none will grasp the Message (or remember or receive admonition) but men of understanding (or intellect)”
and we also recollect that he has warned us about the day of judgement2
“Then on that day you shall most certainly be questioned about the boons (joy, pleasure).”
We realise, that there cannot be a greater boon or blessing or benefit than wisdom and we wonder if this should be a timely reminder to very many of us sincere and practicing Muslims who use our critical thinking to enhance the mundane for ourselves and our families but in matters religion we choose to
resort to blind following -- taqleed, doctrine of classical Sunni Islamic Fiqh.
(NOTE: I have filtered out the proofs and details into the Footnotes for those who have the time and interest for them. The main text will then be of reasonable length, hopefully for the busy majority. What follows is not a sermon; I do not feel qualified to give one, anyhow. I wish, it may provide a food for thought. A caveat seems in order: If the ayah selected pertains to issues we face in our daily life with our family, friends, neighbours or peers it may affect us personally and lead to some self analysis and soul searching which in turn could be divisive and distressing. If taken in the right spirit, it can be a humble attempt towards finding the “straight path”.)
THE AYAH
Surah Al Mu’minum No. 23, Ayahs 1 to 9
قَد أَفلَحَ المُؤمِنونَ الَّذينَ هُم في صَلاتِهِم خاشِعونَ وَالَّذينَ هُم عَنِ اللَّغوِ مُعرِضونَ وَالَّذينَ هُم لِلزَّكاةِ فاعِلون وَالَّذينَ هُم لِفُروجِهِم حافِظونَ إِلّا عَلىٰ أَزواجِهِم أَو ما مَلَكَت أَيمانُهُم فَإِنَّهُم غَيرُ مَلومينَ فَمَنِ ابتَغىٰ وَراءَ ذٰلِكَ فَأُولٰئِكَ هُمُ العادونَ وَالَّذينَ هُم لِأَماناتِهِم وَعَهدِهِم راعونَ وَالَّذينَ هُم عَلىٰ صَلَواتِهِم يُحافِظونَ
“The believers must (eventually) win through, those who humble themselves in their prayer, and who turn away from all that is frivolous, and who are intent on inner purity; and who are mindful of their chastity, [not giving way to their desires] with any but their spouses or (the captives) whom their right hands possess, for then, behold, they are free of all blame, whereas such as seek to go beyond that [limit] are truly transgressors; and who are faithful to their trusts and to their pledges, and who guard their prayers [from all worldly intent].”
A SHORT VERSION
I am sorry, I have grossly overstepped this time. I have included nine short beautiful ayahs…………(See the main story) When I read the reward of these Momins in the two ayahs following these nine:3
“It is they, they who shall be the inheritors, that will inherit the paradise; [and] therein shall they abide.”
I was convinced, my readers also would endorse my digression. Herein Allah Ta’aala Subhanahoo is charting for us a straight path to Paradise as our eternal abode. On the revelation of these ayahs the Holy Prophet said to his companions, "Just now ten verses have been revealed to me and anyone who follows them in letter and spirit will go to heaven." (Ibn Kathir)
The ayahs start with a promise that Momins would eventually succeed in this world and obtain salvation in the Hereafter. …………. Sayyida A’ishah was asked about the Prophet’s character. Her answer was: “His character was the Qur’ān in practice.” She then recited verses 1-9 of the sūrah Al Mumenoon, and commented, “Such was God’s Messenger.” [Narrated by al-Nasā’ī]
The ayahs have focused attention on the following attributes needed to earn paradise……….:
Those who humble themselves in their prayer, and
Who turn away from all that is frivolous, and
Who are intent on inner purity; and
Who are mindful of their chastity, and
Who are faithful to their trusts and to their pledges, and
Who guard their prayers [from all worldly intent].”
These are in fact the character of a Muslim at its highest level.
The first and foremost is humility in prayers; please note, not just prayers but humility in prayers. This is the “rooh” of prayers as against the form and ritual. This requires an attempt to relate with our Lord and Creator: khushoo’ and khuzoo’. The literal meaning of word khushoo’ is “calmness”. It demands “to bring about a state of perfect concentration in the heart” so that knowingly no thoughts deflect the heart/mind from remembrance of God Almighty. ……….. Sayyid Qutb has defined this state in his brilliant tafseer in a very attractive and meaningful style.4 The bodily needs of Khushoo should atleast be achieved: completely still body, no unnecessary movements, eyes focussed on spot of sajda to avoid seeing anything else. It has been reported that when the Holy Prophet once saw a person offering his Prayer as well as playing with his beard, he remarked: "Had he khushu’ in his heart, his body would have manifested it." ………. Al-Rāzī quotes two ḥādīths: “How many a worshipper stands to pray whose share is only toil and weariness,” and, “The servant has of his prayer only that which he understands.”
We are then commanded to stay away from frivolity. Why is this prohibition important? Unfortunately but factually a vast majority of humans have a fascination for trivialities. Gaiety and nonsense take precedence over weightier issues. ……….
وَالَّذينَ هُم لِلزَّكاةِ فاعِلون (literally, and those doers/working for zakah) is the next injunction. Most mufassirs have used it in the Shari’ meaning and therefore treat this ayah as referring to zakah, one of the Pillars of Islam. Some of them have translated it as almsgiving or deeds of charity, generally. Dr. Mohammed Asad depends on the lexicon meaning of the word zakah and therefore translates it as “(inner) purity” in this context quoting Zamakhshari and Abu Muslim. This is a very broad term easy to feel and understand but difficult to define. It includes purification of soul, morals, thinking, deeds as well as wealth, property and life in general. It is referred to as “tazkiyah-e-nafs” entailing cleansing “one's soul of impurities and sins such as polytheism, hypocrisy, vanity, jealousy, hatred, greed and miserliness”………
In the words "who guard their private parts” we are informed that they are mindful of their chastity; they rein in their base and animal passions. This is one of the three major differences we have with modern Western philosophy as pointed out by the eminent Aalim and research scholar Javed Ahmed Ghamdi. ……….. This ayah also discourages celibacy in Islam and recognizes sexual gratification per se as permissible and desirable within the limits drawn. Many classical scholars refuse to accept this notion and label sexual relationship between a couple as “wazeefa-e-zaugiyat” i.e. prayer of matrimony.
The next two ayahs define the sort of sex relationship that is valid in our shari’ah. First, with the spouse. No debate here; has been the norm over the centuries in all communities. Second, with “(the captives) whom their right hands possess”. This has been rather controversial in modern times specially for the thinking Muslims who cannot accept the Madrasah curriculum and its philosophy of Taqleed. There is support for this attitude in Muslim scholarship. Dr. Mohammed Asad has translated this verse as “[not giving way to their desires] with any but their spouses - that is, those whom they rightfully possess [through wedlock]”. Confusing? Yes, very. Let us discuss and clarify:……………….(see main story)
These three ayahs make it very clear that a slave girl needs to be married as other free women.
The particle أَو “aw” used in this ayah usual means “or” but it is also used “in the nature of an explanatory amplification………….(see the main story)
Maulana Maudoodi carries exactly opposite opinion “Thus the verse clearly lays down the law that one is allowed to have sexual relations with one's slave-girl as with one's wife, the basis being possession and not marriage.” He disputes the interpretation of the other ayahs that we have made. The debate is beyond me. However I would like to take an issue which I consider very important and pertinent. Referring to those who have a different opinion, he says “But these commentators have a strange characteristic: they accept a part of a verse if it suits them, but conveniently ignore another part of the same verse if it goes against their wish and whim.” He is questioning the intention and integrity of his opponents. With all my great respect for this outstanding and distinguished scholar and intellectual, I dare say he is flouting some basic rules of conduct in Islam……………..(see the main story)
Sayyid Qutb maintains that sexual relationship with slave girls was allowed as an essential and calculated need of society of those days. He goes on to explain in detail his position.
The next attribute discussed, loyalty to Trusts and Pledges to Allah by society or individuals is one of the mainstay in our Shari’ah. It is emphasised repeatedly in our Holy Text. These attributes ensure strength of character. As we learn from Sayyid Qutb “The first pledge is that God has taken from, and made ingrained in human nature, committing it to believe in His existence and His oneness. All other pledges, covenants and treaties derive from this first one. When a believer commits himself to something, he makes God his witness. Honoring his commitments is, to a believer, part of being God-fearing, of taqwā.” Also we should not forget the pledges we have made to our Holy Prophet by accepting allegiance to the Shari’ah.Trust, not only refers to property handed over but also to duties assigned………….(see the main story)
This description of the Path to Heaven started with reference to Prayers and also ends with its mention. This signifies its crucial and pivotal role in the organization of our Faith. It is the most important and ideal form of worship that we can offer to our Lord. Initially, referred to in the singular as salat, the emphasis was on the Taqwaa — humility, earnestness, concentration — of prayers. Now we are asked to guard/observe our prayers. Addressed here in the plural as Salawaat implies “the individual Prayers offered in their own times”. Maintaining the form and ritual of prayers should become part of our life; fulfilling the shari’ah directives of time, cleanliness of body, dress, ground and ablutions. Praying should not be a load to cast off in three minutes but a pleasure to communicate with our Lord Creator. As Maulana Maudoodi puts it, “they do not recite mechanically but understand what they recite and are conscious that they are supplicating their Lord like humble servants.” The five mandated prayers are our real identity and not the commonly touted headscarf or a white cap and flowing beard. It is a daily five times reminder of our sense of direction and spiritual goal. It is the source of rest of piety and righteous deeds in our deen; without it the chances of attaining true spirituality are dim. The fact that this discourse starts with instructions for prayers and ends with it is a pointer to this seminal fact.
As I have stated in the beginning, the discourse ends with a clear and direct statement form Allah Ta'aala Subhaanahoo that these are the folks who will “inherit” the Jannah. ……
........and Allah knows best.
May Allah Ta’aala bless us with true understanding--“fahm”--of our Deen, Aameen.
THE MAIN STORY
“I am convinced about the veracity of my opinions, but I do consider it likely that they may turn out to be incorrect. Likewise, I am convinced about the incorrectness of the views different from mine, but I do concede the possibility that they may turn out to be correct.” — Imam Shafa’i
I am sorry, I have grossly overstepped this time. I have included nine short beautiful ayahs. I could not resist taking them all together because of the eloquent and melodious description of the character and personality needed in a Momin. Yousuf Ali labels them as “the seven jewels of our Faith, viz.: (1) humility, (2) avoidance of vanity, (3) charity, (4) sex purity, (5) fidelity to trusts, and (6) to covenants, and (7) an earnest desire to get closer to God. When I read the reward of these Momins in the two ayahs following these nine:3
“It is they, they who shall be the inheritors, that will inherit the paradise; [and] therein shall they abide.”
I was convinced, my readers also would endorse my digression. Herein Allah Ta’aala Subhanahoo is charting for us a straight path to Paradise as our eternal abode. On the revelation of these ayahs the Holy Prophet said to his companions, "Just now ten verses have been revealed to me and anyone who follows them in letter and spirit will go to heaven." (Ibn Kathir)
The ayahs start with a promise that Momins would eventually succeed in this world and obtain salvation in the Hereafter. After this clear declaration of success, the very first ayah gives a daring challenge to the Quraish “Successful indeed are the believers”. Sounds very audacious because the Quraish were wealthy and powerful whereas the Muslims were weak and impoverished. The Quraish are told that your values system is greatly depraved. The Muslims have accepted the guidance of God Almighty through HIS Messenger which assures their success Here and in the Hereafter. The eminent scholar Imam Amin Ahmed Islahi is of the opinion that in this ayah Mominoon particularly refer to the sahaabaa who undertook the heavy step of Hijrah and waged physical war for the cause of truth. It is they who are blessed with Jannah. It is a future event, but the ayah talks in past tense because, as he points out if Allah has decided then it is as good as done. Sayyida A’ishah was asked about the Prophet’s character. Her answer was: “His character was the Qur’ān in practice.” She then recited verses 1-9 of the sūrah Al Mumenoon, and commented, “Such was God’s Messenger.” [Narrated by al-Nasā’ī]
The ayahs have focused attention on the following attributes needed to earn paradise; Mufti Mohammed Shafi reminds us that “The first and most important attribute which is fundamental and basic to everything else is that a person should be a true believer”:
Those who humble themselves in their prayer, and
Who turn away from all that is frivolous, and
Who are intent on inner purity; and
Who are mindful of their chastity, and
Who are faithful to their trusts and to their pledges, and
Who guard their prayers [from all worldly intent].”
These are in fact the character of a Muslim at its highest level.
The first and foremost is humility in prayers; please note, not just prayers but humility in prayers. This is the “rooh” of prayers as against the form and ritual. This requires an attempt to relate with our Lord and Creator: khushoo’ and khuzoo’. The literal meaning of word khushoo’ is “calmness”. It demands “to bring about a state of perfect concentration in the heart” so that knowingly no thoughts deflect the heart/mind from remembrance of God Almighty. Concentration and realisation that we are facing our Lord Creator, pleading and beseeching him; to concentrate on and be present in the prayer. Difficult but essential hence needs constant trial. Sayyid Qutb has defined this state in his brilliant tafseer in a very attractive and meaningful style.4 The bodily needs of Khushoo should atleast be achieved: completely still body, no unnecessary movements, eyes focussed on spot of sajda to avoid seeing anything else. It has been reported that when the Holy Prophet once saw a person offering his Prayer as well as playing with his beard, he remarked: "Had he khushu’ in his heart, his body would have manifested it." I would like to add that once we call the Takbeere Tehreema, no teaching or learning is allowed. Yes children have to be taught. Look up the ahaadith to find out, how our sahaabaa did it. We have just bid farewell to the Holy month of Ramadan with very well attended delicious and multi menu iftaar dinners for smiling and happy faces and the satisfaction of congregational maghrib, Ishaa and Traweeh prayers. We all feel happy and content with completing our ritual of prayers along with fun and feasting. But was there any element of modesty or diffidence in any of us; were there any moments of internal communication with the God Almighty? It is worth reflecting. Al-Rāzī quotes two ḥādīths: “How many a worshipper stands to pray whose share is only toil and weariness,” and, “The servant has of his prayer only that which he understands.”
We are then commanded to stay away from frivolity. Why is this prohibition important? Unfortunately but factually a vast majority of humans have a fascination for trivialities. Gaiety and nonsense take precedence over weightier issues. Advertising, show business, film industry, sports and media together make trillions of dollars by cashing on this human weakness. A Momin is required to rise above it; value time and behave seriously and responsibly. In our limited time and energy, we are called upon to concentrate on our serious obligations rather than indulge in frivolity and idle pursuits. However Islam is a balanced region. The opposite attitude of the Madrasah school of thought of denying all fun, leisure and recreation — no music, no fine arts, no pictures, no sports etc. — is certainly not the gaol of this ayah.
وَالَّذينَ هُم لِلزَّكاةِ فاعِلون (literally, and those doers/working for zakah) is the next injunction. Most mufassirs have used it in the Shari’ meaning and therefore treat this ayah as referring to zakah, one of the Pillars of Islam. Some of them have translated it as almsgiving or deeds of charity, generally. Dr. Mohammed Asad depends on the lexicon meaning of the word zakah and therefore translates it as “(inner) purity” in this context quoting Zamakhshari and Abu Muslim. This is a very broad term easy to feel and understand but difficult to define. It includes purification of soul, morals, thinking, deeds as well as wealth, property and life in general. It is referred to as “tazkiyah-e-nafs” entailing cleansing “one's soul of impurities and sins such as polytheism, hypocrisy, vanity, jealousy, hatred, greed and miserliness”. “The term used in Arabic for charity is zakāt, but this word is often used in a wider sense that goes far beyond the obligatory financial worship with which it is normally associated” adds Sayyid Qutb. In the tafseer of this Ayah, Dr. Israr Ahmed points out that this ayah was revealed in early Makki period when there was no command to give zakah. Hence he translates it as act of purification. Ibn Kathir and some other commentators maintain, based on Surah Al-Muzzammil that Zakah was made obligatory in Makkah. However arrangements for its collection and other details were settled after Hijrah to Madina. The research scholar Javed Ahmed Ghamdi and his mentor Amin Hasan Islahi confidently maintain that this ayah refers to spending for the sake of Allah. Zakah has been a compulsory partner of Salah in the deen of all the Prophets. The latter assures connection with God Almighty and the former ensures the link with fellow-beings. Both of these are vital for the ultimate salvation.
In the words "who guard their private parts” we are informed that they are mindful of their chastity; they rein in their base and animal passions. This is one of the three major differences we have with modern Western philosophy as pointed out by the eminent Aalim and research scholar Javed Ahmed Ghamdi. Islam strictly and forcefully demands chaste and loyal relationship between spouses to safeguard and consolidate the Family which is the unit of an Islamic Society. West on the other hand opted for permissiveness ending in a very promiscuous community. In the US birth of a child after marriage is no more the norm because fifty five percent of children are born out of wedlock. Yousuf Ali points out that the ayah prohibits all kind of sex abuse or sex perversion. This ayah also discourages celibacy in Islam and recognizes sexual gratification per se as permissible and desirable within the limits drawn. Many classical scholars refuse to accept this notion and label sexual relationship between a couple as “wazeefa-e-zaugiyat” i.e. prayer of matrimony.
The next two ayahs define the sort of sex relationship that is valid in our shari’ah. First, with the spouse. No debate here; has been the norm over the centuries in all communities. Second, with “(the captives) whom their right hands possess”. This has been rather controversial in modern times specially for the thinking Muslims who cannot accept the Madrasah curriculum and its philosophy of Taqleed. There is support for this attitude in Muslim scholarship. Dr. Mohammed Asad has translated this verse as “[not giving way to their desires] with any but their spouses - that is, those whom they rightfully possess [through wedlock]”. Confusing? Yes, very. Let us discuss and clarify:
First, any interpretation of an ayah must not go against the general Principles and Philosophy of Islam. Considering the very strict and restricted rules for sexual relationship in the Shari’ah, permission for free sex with a concubine sounds very anomalous.
Second, all the available Quranic instructions on a given issue must be studied before making a final decision. Hence other ayahs about sex with slave girls have to be deliberated for understanding this ayah:5
“AND [you ought to] marry the single from among you as well as such of your male and female slaves as are fit [for marriage]………………”
The male and female slaves are required to be married; no room for free sex. Dr. Asad has used the words “ought to marry” because most of the classical commentators think that this is not an injunction but a recommendation to the community. This ayah and many ahaadith express the shari’ah recommendation for marriage as very much preferable to celibacy, from ethical and social position. “The above verse rules out all forms of concubinage and postulates marriage as the only basis of lawful sexual relations between a man and his female slave” Dr. Asad.
“And if you have reason to fear that you might not act equitably towards orphans, then marry from among [other] women such as are lawful to you - [even] two, or three, or four: but if you have reason to fear that you might not be able to treat them with equal fairness, then [only] one - or [from among] those whom you rightfully possess. This will make it more likely that you will not deviate from the right course.” 6
The Holy text has its own literary style to express itself. Dr. Asad has rephrased this ayah for us to comprehend: "Marry from among [other] women such as are lawful to you, or [from among] those whom you rightfully possess - [even] two, or three, or four: but if you have reason to fear that you might not be able to treat them with equal fairness, then [only] one”. Once again one is directed to marry his slave girl. “Contrary to the popular view and the practice of many Muslims in the past centuries, nowhere in the Quran or in ahaadith has extra marital relationship with female slave been permitted.”
“And as for those of you who, owing to circumstances, are not in a position1 to marry free believing women, let them marry believing maidens from among those whom you rightfully possess. And God knows all about your faith; each one of you is an issue of the other. Marry them, then, with their people's leave, and give them their dowers in an equitable manner - they being women who give themselves in honest wedlock, not in fornication, nor as secret love-companions…………” 7
Not only marriage with slave girls is essential before any intimate relationship, it is noteworthy that they are given the same rights as free women; even thought the punishment is half if they falter. If she bears a child her master after marriage she is set free. Yousuf Ali refers to a very important angle in this context “Your right hands does not mean necessarily that she has been assigned to you, or is your property. All captures in war belong to the community, they are “yours” in that sense. If you seek such a person in marriage, do it from no base motives. Safeguard your faith, and see that she too does believe. In that case, after all, she is of the human brotherhood, and her condition is accidental and redeemable”.
These three ayahs make it very clear that a slave girl needs to be married as other free women.
The particle أَو “aw” used in this ayah usual means “or” but it is also used “in the nature of an explanatory amplification, more or less analogous to the phrase ‘in other words’ or ‘that is’ ”. It is this latter meaning that applies in this ayah. A similar construction is used at many other places in the Holy Text.
Let’s us come back to where we left off. We were discussing the second type of permissible sex relationship viz. ما مَلَكَت أَيمانُهُم meaning with “those whom their right hands possess”. Traditionally this has been referred to female slaves by most of the Mufassirs and has been passed over centuries without any need for review and analysis. Similarly the أَو “aw” preceding this phrase is translated as “or” suggesting that sexual relationship with female slaves is a permissible alternative to that with the wife. We have to beg to differ from the eminent scholars who hold this view as we have read earlier in this article that Quran demands marriage even with slave girls. As Dr. Mohammed Asad points out “This conventional interpretation is, in my opinion, inadmissible inasmuch as it is based on the assumption that sexual intercourse with one's female slave is permitted without marriage: an assumption which is contradicted by the Qur'an itself”. He points out here one more objection to the classical version. The Qur'an applies the term "believers" to men and women alike. Similarly the term “ajwaaz” refers to both husband and wives. Hence there is no room or need to bring in “the female slaves” as an explanation of the phrase ma malakat aymanuhum which undoubtedly means in this ayah "those whom they rightfully possess through wedlock”.
Maulana Maudoodi carries exactly opposite opinion “Thus the verse clearly lays down the law that one is allowed to have sexual relations with one's slave-girl as with one's wife, the basis being possession and not marriage.” He disputes the interpretation of the other ayahs that we have made. The debate is beyond me. However I would like to take an issue which I consider very important and pertinent. Referring to those who have a different opinion, he says “But these commentators have a strange characteristic: they accept a part of a verse if it suits them, but conveniently ignore another part of the same verse if it goes against their wish and whim.” He is questioning the intention and integrity of his opponents. With all my great respect for this outstanding and distinguished scholar and intellectual, I dare say he is flouting some basic rules of conduct in Islam. I have the ruling of one of our great Imams Shafai’ to support me: “I am convinced about the veracity of my opinions, but I do consider it likely that they may turn out to be incorrect. Likewise, I am convinced about the incorrectness of the views different from mine, but I do concede the possibility that they may turn out to be correct.”
The issue, I am putting on the floor: Can a PPK Muslim like you and me challenge the opinion of a well known, exalted and illustrious Aalim of the stature of Maulana Abu Ala Maudoodi? I will vote “yes” and hasten to add it is necessary to remain on the right path. Knowledge is important but Fahm and understanding does not always go with it. Very knowledgeable scholars have very poor understanding of the issues. There is strong difference of opinion among equally prominent scholars; sometimes to the extent of calling each other kaffirs. After all, we will be all alone on the day of judgement. Hence we should be ready for our answers on our own, depending on the knowledge and wisdom Allah Ta'aala Subhaanahoo had granted us in our life. I regard late Shafi, who worked at my home as a very good Muslim. But he was totally illiterate. He can get away with blind following. You and I cannot.
Sayyid Qutb maintains that sexual relationship with slave girls was allowed as an essential and calculated need of society of those days. He goes on to explain in detail his position.
The next attribute discussed, loyalty to Trusts and Pledges to Allah by society or individuals is one of the mainstay in our Shari’ah. It is emphasised repeatedly in our Holy Text. These attributes ensure strength of character. As we learn from Sayyid Qutb “The first pledge is that God has taken from, and made ingrained in human nature, committing it to believe in His existence and His oneness. All other pledges, covenants and treaties derive from this first one. When a believer commits himself to something, he makes God his witness. Honoring his commitments is, to a believer, part of being God-fearing, of taqwā.” Also we should not forget the pledges we have made to our Holy Prophet by accepting allegiance to the Shari’ah.Trust, not only refers to property handed over but also to duties assigned. Even a laborer, if he does not complete his days work is guilty of breach of trust. A promise is also a kind of trust. A hadith likens it to a debt and therefore its fulfillment becomes obligatory. Implied trust is far greater important and the cause of much distress to humans. Trust is automatically implied in positions of power, governance, administration and management. A breach of trust, extremely common in our material world has caused widespread failure of States and Institutions. It should not be forgotten that our skill and capabilities, our rights and responsibilities, the blessings and rewards and our wealth and progeny are all a trust from our Lord and should be treated as such. Trust and covenants create obligations; our deen strictly demands fulfilling these obligations. The Holy Prophet has said: "The one, who does not fulfill the terms of his trust, has no Faith, and the one, who does not keep promises and pledges has no Islam. " (Baihaqi)
This description of the Path to Heaven started with reference to Prayers and also ends with its mention. This signifies its crucial and pivotal role in the organization of our Faith. It is the most important and ideal form of worship that we can offer to our Lord. Initially, referred to in the singular as salat, the emphasis was on the Taqwaa — humility, earnestness, concentration — of prayers. Now we are asked to guard/observe our prayers. Addressed here in the plural as Salawaat implies “the individual Prayers offered in their own times”. Maintaining the form and ritual of prayers should become part of our life; fulfilling the shari’ah directives of time, cleanliness of body, dress, ground and ablutions. Praying should not be a load to cast off in three minutes but a pleasure to communicate with our Lord Creator. As Maulana Maudoodi puts it, “they do not recite mechanically but understand what they recite and are conscious that they are supplicating their Lord like humble servants.” The five mandated prayers are our real identity and not the commonly touted headscarf or a white cap and flowing beard. It is a daily five times reminder of our sense of direction and spiritual goal. It is the source of rest of piety and righteous deeds in our deen; without it the chances of attaining true spirituality are dim. The fact that this discourse starts with instructions for prayers and ends with it is a pointer to this seminal fact.
As I have stated in the beginning, the discourse ends with a clear and direct statement form Allah Ta'aala Subhaanahoo that these are the folks who will “inherit” the Jannah. Javed Ahmed Ghamdi, differing from his mentor Amin Hasan Islahi does not translates the word inherit in its usual meaning. He says it means, as in so many places in the Quran “malik” i.e. proprietor of their part of Jannah. Life on earth cannot be perfect. Hence the believers are promised Jannah as their reward. There cannot be any higher target or purpose.
........and Allah knows best.
May Allah Ta’aala bless us with true understanding--“fahm”--of our Deen, Aameen.
Dr. Khalid Mitha
FOOTNOTES
(1) Surah 2/269
يُؤتِي الحِكمَةَ مَن يَشاءُ ۚ وَمَن يُؤتَ الحِكمَةَ فَقَد أوتِيَ خَيرًا كَثيرًا ۗ وَما يَذَّكَّرُ إِلّا أُولُو الأَلبابِ
(2) Surah 102/8
ثُمَّ لَتُسأَلُنَّ يَومَئِذٍ عَنِ النَّعيمِ
(3) Surah 23/10-11
أُولٰئِكَ هُمُ الوارِثونَ الَّذينَ يَرِثونَ الفِردَوسَ هُم فيها خالِدونَ
(4) Qutb They feel the reverence associated with prayer, as they stand up to address God, and their hearts are thus filled with awe, which is, in turn, reflected in their features and movements. Their spirits feel God’s majesty as they realize that they stand in His presence. Thus, all their preoccupations and distractions disappear. Their thoughts and feelings are all concentrated on their discourse with Him. In His sublime presence, they are heedless of all their surroundings. They see and feel nothing but His majesty. Their minds and hearts are purged of even the slightest alien thought or feeling. In such a situation, a stray atom is reunited with its source, a wandering spirit finds its way, and a heart that has been long in isolation finds its company. Thus, all values, concerns and considerations diminish, except for the ones that are related to God in some way.
(5) Surah 24/32
وَأَنكِحُوا الأَيامىٰ مِنكُم وَالصّالِحينَ مِن عِبادِكُم وَإِمائِكُم ۚ إِن يَكونوا فُقَراءَ يُغنِهِمُ اللَّهُ مِن فَضلِهِ ۗ وَاللَّهُ واسِعٌ عَليمٌ
(6) Surah 4/3
وَإِن خِفتُم أَلّا تُقسِطوا فِي اليَتامىٰ فَانكِحوا ما طابَ لَكُم مِنَ النِّساءِ مَثنىٰ وَثُلاثَ وَرُباعَ ۖ فَإِن خِفتُم أَلّا تَعدِلوا فَواحِدَةً أَو ما مَلَكَت أَيمانُكُم ۚ ذٰلِكَ أَدنىٰ أَلّا تَعولوا
(7) Surah 4/25 (part of the ayah)
وَمَن لَم يَستَطِع مِنكُم طَولًا أَن يَنكِحَ المُحصَناتِ المُؤمِناتِ فَمِن ما مَلَكَت أَيمانُكُم مِن فَتَياتِكُمُ المُؤمِناتِ ۚ وَاللَّهُ أَعلَمُ بِإيمانِكُم ۚ بَعضُكُم مِن بَعضٍ ۚ فَانكِحوهُنَّ بِإِذنِ أَهلِهِنَّ وَآتوهُنَّ أُجورَهُنَّ بِالمَعروفِ مُحصَناتٍ غَيرَ مُسافِحاتٍ وَلا مُتَّخِذاتِ أَخدانٍ
