Introduction

At the outset, it is essential to acknowledge that, for Muslims, the foundation of morality and ethics is Islam. When something is ordained as lawful in Islamic teachings, it is accepted as such without contest. However, it is natural for individuals to seek wisdom behind certain rulings, particularly in a cultural environment like that of contemporary America, where practices such as concubinage are often misunderstood, debated, or used to mischaracterize Islam as an oppressive religion that endorses exploitation or violence.

Historical Context and Islamic Reformation of Slavery

It is important to clarify that neither slavery nor concubinage was introduced by Islam. These practices were prevalent in pre-Islamic societies and formed an integral part of trade, warfare, and the socio-economic structure of the time. Islam addressed these realities by instituting ethical regulations and emphasizing the humane treatment of individuals within such systems, ensuring fairness and dignity where exploitation had previously been the norm.

Before Islam, slaves were commonly regarded as mere commodities, devoid of rights or dignity. Islam transformed this paradigm by instituting principles of kindness and equality. The Prophet ﷺ instructed regarding slaves, "Feed them from the same food you eat, clothe them from the same clothes you wear, and do not punish the creation of Allah ﷻ."^[1] He ﷺ further emphasized, "Your slaves are your brothers. Allah ﷻ has placed them under your authority. So, whoever has a brother under his authority should feed him from what he eats and clothe him from what he wears. Do not burden them with work beyond their capacity, and if you do so, then help them."^[2] Moreover, Islam significantly encouraged the emancipation of slaves, often making it a means of expiation for sins such as accidental killing,^[3] breaking oaths,^[4] or invalidating a Ramadan fast.^[5]

Thus, the Islamic framework for slavery was vastly different from the exploitative systems that existed before and even those practiced in the West centuries later.

Concubinage: Its Role and Ethical Structure in Islam

Unlike American slavery and the transatlantic slave trade where free people were kidnapped and sold into slavery, the practice of concubinage in Islam is specifically tied to the context of war. Before a battle, the residents of a city were offered a safe passage. If they chose to remain and fight, then in the aftermath of the battle when male combatants were killed, women and children were often left without protection or support. In such circumstances, they faced risk of harm and exploitation, such as being captured by bandits or forced into degrading labor or prostitution. Islam sought to address this issue by allowing women to be taken under the care of Muslim soldiers, thereby ensuring their needs were met and providing a lawful structure for their integration into society. Within this framework, Islam permitted intimate relations with concubines under strict regulations, akin to a marital relationship. Ownership in this context served as a substitute for a marriage contract; under these conditions, relations between owners and their slave women were often framed as fostering love and compassion.

Islamic law established clear regulations to govern concubinage, ensuring ethical standards and protecting the dignity of individuals. One critical regulation was the prohibition of relations with a married slave woman unless her previous marriage was dissolved. In cases where a slave woman was captured during war and brought into Islamic lands without her husband, her marriage was considered terminated due to separation.^[6] However, if both the woman and her husband were captured together, her marriage remained intact. Even in the case of separation, the master was required to observe a waiting period of one menstrual cycle (istibrāʾ) to ensure she was not pregnant. If she was found to be pregnant, the master was required to wait until the child was born before initiating relations.^[7] Moreover, if he married off his slave woman, he relinquished all rights to intimacy with her.^[8] If a slave woman was co-owned by two individuals, neither was permitted to have relations with her, as this would violate the principles of exclusivity that governed such relationships.^[9]

If a concubine bore her master a child, her status changed significantly, and she became known as umm al-walad (mother of the child). This meant she could no longer be sold, her freedom was guaranteed upon the master’s death, and the child born from the union was considered free.^[10] This not only elevated her position within the household but also deepened the master’s regard for her, as she now held the esteemed role of the mother of his child.

Parallels Between Concubinage and Marriage

From the above regulations, it is evident that the relationship between a master and a concubine was exclusive, much like that of a husband and wife. A concubine could not be shared or "rented out" to others, preserving her dignity and ensuring she was treated with respect.

There are several other parallels between concubinage and marriage in Islamic law. For example, a master was obligated to ensure the concubine’s welfare, providing for her food, clothing, and overall well-being—responsibilities akin to those expected of a husband toward his wife.^[11] Certain familial restrictions also applied, such as the prohibition against relations with two sisters; if a master had relations with one, he could not engage with the other, similar to the prohibition on marrying two sisters simultaneously.^[12]

Conclusion

In conclusion, Islam addressed the pre-existing practices of slavery and concubinage by instituting ethical regulations that emphasized dignity and humane treatment, effectively reforming the exploitative norms of pre-Islamic societies. While concubinage was permitted within specific contexts, such as the aftermath of war, it operated under strict legal and ethical frameworks designed to protect the dignity and well-being of concubines, often paralleling the obligations and exclusivity inherent in marriage.

And Allah knows best.

Ml. Muhammad Bilal Khizar
Student, Darul Iftaa Chicago

Checked and Approved:

Mf. Abrar Mirza
Head Mufti, Darul Iftaa Chicago