part 3/3
We continue where we left off in Part 2.
3.Islamic teaching on sex-slaves/captives
Muhammad arrived in Yathrib (Medina) in 622 at the invitation of the two main tribes, the Aws and the Khazraj, who had previously been enemies. His role was to reconcile them and provide a constitutional reference for the city. Two Jewish tribes, the Banu Nadir and Banu Qurayzah were confederate with the Aws, whilst the Banu Qaynuqah were confederate the Khazraj.[1]In regard to the actual destruction of the Qurayzah, Watt provides us with this information:
After the unconditional surrender of Qurayzah, Muhammad b. Maslamah was in charge of the men and ‘Abdallah b. Sallam of the women and children… Muhammad …appointed as judge Sa’d b. Mu’adh, the leading man of the Aws, who had been gravely wounded during the siege and died soon after his sentence on Qurayzah. When he was brought to where Muhammad was, all the Aws and the others present swore to abide by his decision. He decreed that all the men of Qurayzah should be put to death and the women and children sold as slaves. This sentence was duly carried out, apparently on the following day[2]
Watt gives a figure of six hundred Qurayzah slaughtered (although others put the figure as high as nine hundred).[3]It is in the Hadith that we meet the most extensive treatment:
Narrated by Aisha
Sahih Al-Bukhari 5.448
…When the Prophet returned from the (battle) of Al-Khandaq (i.e. Trench) and laid down his arms and took a bath Gabriel came to him while he (i.e. Gabriel) was shaking the dust off his head, and said, “You have laid down the arms?” By Allah, I have not laid them down. Go out to them (to attack them).” The Prophet said, “Where?” Gabriel pointed towards Bani Quraiza. So Allah’s Apostle went to them (i.e. Banu Quraiza) (i.e. besieged them). They then surrendered to the Prophet’s judgment but he directed them to Sad to give his verdict concerning them. Sad said, “I give my judgment that their warriors should be killed, their women and children should be taken as captives, and their properties distributed.”….
Whether the actual event is mentioned in fiqh, the treatment handed out to the Qurayzah has continued. For example in Shafi fiqh, non-Muslim subjects of the Islamic state face severe sanctions if break their covenant with the regime:
o11.9 If non-Muslim subjects of the Islamic state refuse to conform to the rules of Islam, or to pay the non-Muslim poll tax, then their agreement with the state has been violated (dis: o11.11) (A: though if only one of them disobeys, it concerns him alone).
o11.10 The agreement is also violated (A: with respect to the offender alone) if the state has stipulated that any of the following things break it, and one of the subjects does so anyway, though if the state has not stipulated that these break the agreement, then they do not; namely, if one of the subject people:
(1) commits adultery with a Muslim woman or marries her;
(2) conceals spies of hostile forces;
(3) leads a Muslim away from Islam;
(4) kills a Muslim;
(5) or mentions something impermissible about Allah, the Prophet (Allah bless him and give him peace), or Islam.
o11.11 When a subject’s agreement with the state has been violated, the caliph chooses between the four alternatives mentioned above in connection with prisoners of war (o9.14).[4]
Obviously, the accusation against the Banu Qurayzah is that by their treachery, they were seeking to overthrow the Islamic State, and thus they refused ‘to conform to the rules of Islam’. As for ‘the four alternatives mentioned above in connection with prisoners of war’, these involve the following:
o9.14 When an adult male is taken captive, the caliph (def: o25) considers the interests (O: of Islam and the Muslims) and decides between the prisoner’s death, slavery, release without paying anything, or ransoming himself in exchange for money or for a Muslim captive held by the enemy. If the prisoner becomes a Muslim (O: before the caliph chooses any of the four alternatives) then he may not be killed, and one of the other three alternatives is chosen.[5]
Often in the history of jihad, prisoners of war have been enslaved, sometimes ransomed (both options were employed by the Barbary Corsairs of North Africa), but an option to slay them remained. This is what happened to the Qurayzah male adults. The option for women and children is clear: ‘o9.13 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.’[6]Similar opinions are found in the Hanafi madhab:
4026 AL-HEDAYA Vol. II (Hanafi Manual)
[Captives may either he stain, or enslaved, or admitted to become Zimmee]
The Imam, with respect to captives, has it in his choice to flay them, because the prophet put captives to death, – and also, because fslaying them terminates wickedness: – or, if he chose, he may make them slaves, because by enslaving them the evil of them is remedied, at the same time that the Muslims reap an advantage: – or, if he please, he may release them so as to make them freemen and Zimmees, according to what is recorded of Omar: – but it is not lawful so to release the idolaters of Arabia, or apostates, for reasons which shall be hereafter explained.
The implication of this ruling is that it is permissible either to slay or enslave captives. Note the basis of this: the Sunnahof the Prophet – ‘the prophet put captives to death’. Whilst the Qur’an limits the number of wives a man may marry, this does not prevent him enjoying the pleasure of sex-slaves, which in effect was what those women whom ‘your right hand possesses’ were:
Surah Al-Ahzab 33:52
It is not allowed thee to take (other) women henceforth, nor that thou shouldst change them for other wives even though their beauty pleased thee, save those whom thy right hand possesseth.
Islamic law is quite open about the different functions of the male and female slaves. With the former, their role was labour, but with the latter, the primary function was sexual gratification:
4427 AL-HEDAYA Vol. II (Hanafi Manual)
[Defects which operate in the sale of female slaves, but not of males].
A bad smell, from the breath or armpits, is a defect in regard to female slaves, because in many instances the object is to sleep with them(emphasis ours);and the existence of such defects in a bar to the accomplishment of that object. – These, however, are not defects with regard to male slaves; because the object, in purchasing them, is merely to use their services; and to this these defects are not obstacles, since it is possible for a slave to serve his master without the necessary of the master’s fitting down with him, so as to receive annoyance from these defects. – If, however, they proceed from disease, they are considered as defects with regard to male slaves also.
Whoredom and bastardy are defects with regard to a female slave, but not with regard to a male; because the object, in the purchaser of a female slave, is cohabitation and the generation of children, which must be affected by either of the above circumstances; whereas, the object in the purchase of a male slave is the use of his services, the value of which is not depreciated by his committing whoredom. – If, however, a male slave be much addicted to whoredom, our lawyers are of opinion that it is a defect, because in the pursuit of women he neglects the service of his master.
The married condition of the women captives was ignored, it was it considered annulled by virtue of the command of God. This has been emphasised in Islamic law:
| AbuSa’id al-KhudriSAHIH MUSLIM3432At the Battle of Hunayn Allah’s Messenger (peace be upon him) sent an army to Awtas and encountered the enemy and fought with them. Having overcome them and taken them captives, the Companions of Allah’s Messenger (peace be upon him) seemed to refrain from having intercourse with captive women because of their husbands being polytheists. Then Allah, Most High, sent down regarding that: ‘And women already married, except those whom your right hand possess (iv.24)’ (i.e. they were lawful for them when their Iddah period came to an end). 6904 AL-MUWATTA of Imam Malik29.34.95AbuSa’id al-KhudriWe went out with the Messenger of Allah, may Allah bless him and grant him peace, on the expedition to the Banu al-Mustaliq. We took some Arabs prisoner, and we desired the women as celibacy was hard for us. We wanted the ransom, so we wanted to practise coitus interruptus. We said, ‘Shall we practise coitus interruptus while the Messenger of Allah, may Allah bless him and grant him peace, is among us before we ask him? We asked him about that and he said, ‘You don’t have to not do it. There is no self which is to come into existence up to the Day of rising but that it will come into existence.’ | Surah An-Nisa 4:24And all married women (are forbidden unto you save those (captives) whom your right hands possess. It is a decree of Allah for you. Reliance of the Travellero9.13 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. 7405 AL-RISALA (Maliki Manual)32.06 INTERCOURSE WITH NON-MUSLIM WOMENGod – Glorified be He – has prohibited sexual intercourse with unbelieving women who do not happen to belong to People of the Book, that is, Christians and Jews, whether this is to take place on account of ownership or marriage. But Muslims can have relations with women belonging to People of the Book through ownership (that is, as concubines). It is also lawful to have relations through marriage with their freeborn women. But relations with their slave women through marriage is forbidden both to a freeborn Muslim and a Muslim slave. |
Note also the difference between the Biblical model of effectively emancipating a captive woman by marriage and the Islamic practice, whereby aslave wife is inferior to a free wife; the husband has a lesser obligation to the former than he does to the latter:
3346 AL-HEDAYA Vol. I (Hanafi Manual)
[Partition, where the wives are of different rank or degree, must be adjusted accordingly]
If a man be married to two wives, one of them a free woman, and the other a slave, he must divide his time into three portions, cohabiting two portions with the former and one with the latter, because the same is recorded of Ali; and also, because, as it is lawful to marry a free woman upon a slave, but not a slave upon a free woman*, it hence appears that the rights of the former in marriage are short of those of the latter. – And a Mokatiba, Modabbira, or Um-Walid, are, with respect to their right of partition, the same as slaves.
* By marrying one woman upon another is to be understood a man marrying a woman when he is already possessed of a wife; the expression is merely idiomatical.
CONCLUSION
There is a vast difference between the Biblical treatment of captive women and that of Islam. In the latter, they can become sex-slaves, concubines for the gratification of their masters. In the former, they must be honourably married and treated with respect. Essentially, they join the People of YHWH. The two models are diametrically opposed, rather than being equivalent.
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[1]Guillaume, Alfred, Islam, (Harmondsworth: Penguin, Second Edition 1956, 1978 printing), p. 38.
[2]Watt, W. Montgomery, Muhammad at Medina, (Karachi: Oxford University Press, 1956, 1988), p. 214.
[3]Ibid., p. 216.
[4]al-Misri, Ahmad, Reliance of the Traveller: A Classic Manual of Islamic Sacred Law, (Delhi: Aamna Publishers, 1991, 1994, ed. Nuh Ha Mim Keller), p. 609.
[5]Ibid., p. 604.
[6]Ibid.
