Clarifying Female Slaves in Islam: Meaning, Relations Without Nikah, and Modern Misconceptions
Question: What is meant by a female slave (Londi/Ghulam)? Is intercourse with a female slave permissible without Nikah (Islamic marriage)? And is a domestic helper also considered a female slave? Please clarify this issue with evidence from the Quran and Hadith.
Answer:
Alhamdulillah:
Literal Meaning:
Kaneez/Londi/Ghulam,
In their literal sense, these words refer to one who serves.
Technical Meaning:
In Islamic terminology, these refer to prisoners captured during a war with non-believers, who are obtained by Muslims as spoils of war. With the permission of the ruler (Ameer), they are distributed among the people like other spoils. Subsequently, people may free these slaves, sell them, have them work, or their owner may fulfill the Sharia requirements and marry these female captives or have intercourse with them even without Nikah…!
All of this is permissible.
They are called male slaves (ghulam) or female slaves (londi or kaneez).
In the present time, because Muslim rulers have abandoned Jihad, the concept of a male or female slave has become obsolete. However, anti-Islam, “second-rate liberals” still raise this issue with great fervor and criticize Muslims, asking what kind of religion this is that permits intercourse with female slaves without marriage, etc., etc. On one hand, some Hadith-rejecters brazenly call intercourse with a female slave an injustice and un-Islamic. On the other hand, some so-called Muslims distort the original meaning and concept of a female slave, considering domestic maids or prostitutes as female slaves and deeming intercourse with them without Nikah as permissible.
In today’s series, we will, Insha’Allah, clarify the true meaning and concept of a female slave and also examine whether intercourse with her is permissible according to Sharia or not.
Quranic Evidence for the Permissibility of Intercourse with a Female Slave without Nikah
First and foremost, it should be known that the permission for intercourse with female slaves has been given by Allah the Almighty Himself. Just as the law of Nikah has been established in the religion of Islam, so too has Allah established the law regarding female slaves. Therefore, the objection itself is nullified. We consider relations between a man and a woman without Nikah to be a sin because Allah has forbidden that relationship. But the same Allah has declared intercourse between a master and his female slave permissible without Nikah, so who are we to call it wrong? Furthermore, the permission to enjoy intimacy based on the right of ownership is explicitly mentioned in multiple verses of the Holy Quran. Many people object to this matter with great audacity, assuming it to be a concoction of the “Mullahs.” And some Hadith-rejectors, considering it among the “absurdities of Hadith” in their view, begin to slander. Therefore, all such people should be aware that their issue is not with the jurisprudence of the “Mullahs” or the narrations of the Hadith scholars, but with the book of God Himself.
For this, please refer to the following verses:
اعوذباللہ من الشیطان الرجیم
بسم اللہ الرحمٰن الرحیم
وَإِنْ خِفْتُمْ أَلَّا تُقْسِطُوا فِي الْيَتَامَىٰ فَانكِحُوا مَا طَابَ لَكُم مِّنَ النِّسَاءِ مَثْنَىٰ وَثُلَاثَ وَرُبَاعَ ۖ فَإِنْ خِفْتُمْ أَلَّا تَعْدِلُوا فَوَاحِدَةً أَوْ مَا مَلَكَتْ أَيْمَانُكُمْ ۚ ذَٰلِكَ أَدْنَىٰ أَلَّا تَعُولُوا
"And if you fear that you will not deal justly with the orphan girls, then marry those that please you of [other] women, two or three or four. But if you fear that you will not be just, then [marry only] one or those your right hands possess. That is more suitable that you may not incline [to injustice]."
(Surah An-Nisa, Ayah 3)
وَالْمُحْصَنَاتُ مِنَ النِّسَاءِ إِلَّا مَا مَلَكَتْ أَيْمَانُكُمْ ۖ كِتَابَ اللَّهِ عَلَيْكُمْ ۚ وَأُحِلَّ لَكُم مَّا وَرَاءَ ذَٰلِكُمْ أَن تَبْتَغُوا بِأَمْوَالِكُم مُّحْصِنِينَ غَيْرَ مُسَافِحِينَ ۚ فَمَا اسْتَمْتَعْتُم بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّ فَرِيضَةً ۚ وَلَا جُنَاحَ عَلَيْكُمْ فِيمَا تَرَاضَيْتُم بِهِ مِن بَعْدِ الْفَرِيضَةِ ۚ إِنَّ اللَّهَ كَانَ عَلِيمًا حَكِيمًا
"And [also forbidden are] married women except those your right hands possess. [This is] the decree of Allah upon you. And lawful to you are [all others] beyond these, [provided] that you seek them [in marriage] with your wealth, desiring chastity, not unlawful sexual intercourse. So for whatever you enjoy of them, give them their due compensation as an obligation. And there is no blame upon you for what you mutually agree to beyond the obligation. Indeed, Allah is ever Knowing and Wise."
(Surah An-Nisa, Ayah 24)
وَالَّذِينَ هُمْ لِفُرُوجِهِمْ حَافِظُونَ إِلَّا عَلَىٰ أَزْوَاجِهِمْ أَوْ مَا مَلَكَتْ أَيْمَانُهُمْ فَإِنَّهُمْ غَيْرُ مَلُومِينَ
"And they who guard their private parts. Except from their wives or what their right hands possess, for indeed, they are not to be blamed."
(Surah Al-Mu’minun, Ayahs 5-6)
يَا أَيُّهَا النَّبِيُّ إِنَّا أَحْلَلْنَا لَكَ أَزْوَاجَكَ اللَّاتِي آتَيْتَ أُجُورَهُنَّ وَمَا مَلَكَتْ يَمِينُكَ مِمَّا أَفَاءَ اللَّهُ عَلَيْكَ وَبَنَاتِ عَمِّكَ وَبَنَاتِ عَمَّاتِكَ وَبَنَاتِ خَالِكَ وَبَنَاتِ خَالَاتِكَ اللَّاتِي هَاجَرْنَ مَعَكَ وَامْرَأَةً مُّؤْمِنَةً إِن وَهَبَتْ نَفْسَهَا لِلنَّبِيِّ إِنْ أَرَادَ النَّبِيُّ أَن يَسْتَنكِحَهَا خَالِصَةً لَّكَ مِن دُونِ الْمُؤْمِنِينَ ۗ قَدْ عَلِمْنَا مَا فَرَضْنَا عَلَيْهِمْ فِي أَزْوَاجِهِمْ وَمَا مَلَكَتْ أَيْمَانُهُمْ لِكَيْلَا يَكُونَ عَلَيْكَ حَرَجٌ ۗ وَكَانَ اللَّهُ غَفُورًا رَّحِيمًا
"O Prophet, indeed We have made lawful to you your wives to whom you have given their due compensation and those whom your right hand possesses from what Allah has returned to you [of captives] and the daughters of your paternal uncles and the daughters of your paternal aunts and the daughters of your maternal uncles and the daughters of your maternal aunts who emigrated with you and a believing woman if she gives herself to the Prophet [and] if the Prophet wishes to marry her, [this is] only for you, excluding the [other] believers. We know what We have imposed upon them concerning their wives and those whom their right hands possess, [in order] that there will be no blame upon you. And ever is Allah Forgiving and Merciful."
(Surah Al-Ahzab, Ayah 50)
Further on, it is stated:
لَّا يَحِلُّ لَكَ النِّسَاءُ مِن بَعْدُ وَلَا أَن تَبَدَّلَ بِهِنَّ مِنْ أَزْوَاجٍ وَلَوْ أَعْجَبَكَ حُسْنُهُنَّ إِلَّا مَا مَلَكَتْ يَمِينُكَ ۗ وَكَانَ اللَّهُ عَلَىٰ كُلِّ شَيْءٍ رَّقِيبًا
"Not lawful to you, [O Muhammad], are [any additional] women after [this], nor to exchange them for [other] wives, even if their beauty pleases you, except those whom your right hand possesses. And ever is Allah, over all things, an Observer."
(Surah Al-Ahzab, Ayah 52)
Evidence from Hadith Regarding Intercourse with a Female Slave
The Messenger of Allah (peace be upon him) dispatched an army to Awtas on the day of the Battle of Hunain. They met their enemy, fought them, and prevailed over them in battle, and they captured some women. Some of the Companions of the Prophet (peace be upon him) felt it was a sin to have intercourse with them because their husbands were polytheists. So Allah, the Exalted, revealed this verse concerning it: «والمحصنات من النساء إلا ما ملكت أيمانكم» “And [also forbidden are] married women except those your right hands possess” (Surah An-Nisa: 24). Thus, they are lawful for them when their waiting period (iddah) is over.
(Sunan Abu Dawood, Hadith No. 2155)
(Sahih Muslim, Hadith No. 1456)
Hanas as-San’ani said: Ruwaifi’ ibn Thabit al-Ansari stood among us to deliver a speech and said: “Listen! I will only tell you what I heard from the Messenger of Allah (peace be upon him) say on the day of Hunain: ‘It is not lawful for a man who believes in Allah and the Last Day to water the plant of another’ (meaning to have intercourse with a pregnant female slave). ‘And it is not lawful for a man who believes in Allah and the Last Day to have intercourse with a captive woman until he has ascertained that she is not pregnant’ (i.e., by istibra’ or waiting for one menstrual cycle). ‘And it is not lawful for a man who believes in Allah and the Last Day to sell any of the spoils of war until it has been distributed.'”
(Sunan Abu Dawood, Hadith No. 2158)
(Sunan Tirmidhi, Hadith No. 1131)
Ibn Abbas (may Allah be pleased with them) narrated that the Prophet (peace be upon him) said to Ma’iz bin Malik (may Allah be pleased with him): “Is what has reached me about you true?” Ma’iz said: “What has reached you about me?” He replied: “It has reached me that you have committed adultery with the female slave of such and such a clan?” He said: “Yes.” Then he confessed four times, so he (the Prophet) gave the order and he was stoned.
(Sunan Tirmidhi, Hadith No. 1427)
(Sahih Muslim, Hadith No. 1693)
(Sunan Abu Dawood, Hadith No. 4425)
From these verses and hadiths, it is explicitly proven that according to the Quran and Hadith, sexual intimacy with female slaves is permissible, and Nikah is not required for it. However, this intercourse is only permissible for the one who is the owner of that female slave. Furthermore, if the woman is pregnant, he cannot have intercourse with her before she gives birth. And if she is not pregnant, her owner must still wait for one menstrual cycle to confirm that she is not pregnant. A person cannot have intercourse with someone else’s female slave. If someone has intercourse with another’s female slave, it will be considered Zina (adultery/fornication), and he will be stoned according to Islamic law.
But remember, in today’s era, a domestic maid is not included in the category of a female slave, nor is intercourse with her permissible without Nikah. Nor can a woman be bought with money from her parents or otherwise and be included in the ruling of a female slave. This is because there is only one situation for a woman to be a female slave: she must be a woman from the non-believers captured in war, and then, by the order of the ruler, whomever this captive woman is handed over to, he alone will be the master of that female slave.
A similar detailed question was asked to the Saudi Fatwa Committee, which we are quoting here:
Question
A few years ago, I needed some servants for my work and comfort, and I had the means to fulfill all their needs and provide them with comfort according to the agreed-upon conditions.
Among these servants was a young girl who agreed to the terms of the contract. This servant would stay with me as long as I needed her and would return when the need was over.
This girl was young, lived with her parents, and was unmarried. She accepted that I was her master and gave me permission to see and touch her. We spent a lot of time together. Then, I freed her from this contract and married her.
- Is it possible for slaves to be made during a war, and when can this happen?
- How can we make slaves, and what are the Sharia conditions for it?
- Can physical relations be established between a master and a female slave, and what are the limits?
- Are there any age limits between a master and a female slave?
- Is it possible to do this secretly, or is it necessary to announce it?
- What is the minimum age for the relationship between a master and a female slave?
- Are female slaves found only at the time of war?
- Is there any other way to become the owner of a female slave?
Related Answers:
Some questions are repetitive and overlap, so Insha’Allah, we will answer all the questions in the following points:
First:
What you did with the female servant was a haram (forbidden) act that was not permissible for you. A female servant is not a female slave, which would make her permissible for your touch and intimacy. This is because a female servant is a free woman, and she is not permissible for you without marriage. You did the right thing later on, but unfortunately, you delayed it.
The contract between you and the servant was an employment contract for household work. It is not a contract that makes her lawful for your intimacy. Your claim that she agreed to you being her master and that you could see and touch her, and that you freed her from this contract—all of what you did is incorrect from a Sharia perspective because a free woman cannot become a slave. The only exception is if she is a non-believer from a country at war with Muslims, and Muslims capture her. All the conditions you asked about are currently non-existent.
Second:
Making male and female slaves is possible during a war between Muslims and non-believers, not during times of internal conflict (fitna) among Muslims.
Islam confined the sources of slavery that existed before the prophethood of Muhammad to a single source, which is the slavery of warfare. The captive men, women, and children of non-believers can be enslaved.
Sheikh Shinqiti (may Allah have mercy on him) says:
The reason for owning a slave is disbelief (kufr) and waging war against Allah and His Messenger (peace be upon him). Therefore, when Allah Almighty grants Muslim mujahideen—who spend their wealth, lives, and everything given by Allah to elevate the religion and the word of Allah over the non-believers—the power in Jihad, He allows them to make the non-believers prisoners and slaves. However, the Imam of the Muslims (the ruler) may, for the benefit of Islam and Muslims, release these prisoners as an act of grace or in exchange for ransom.
(Adwa’ al-Bayan (3 / 387))
Third:
Mujahideen become owners of female slaves in the same way they become owners of the spoils of war. The owner can sell the male or female slave. In both cases (capture on the battlefield or acquiring through purchase), it is not permissible for the owner to have intercourse with the female slave before istibra-e-rahm (ascertaining the womb is empty, i.e., before one menstrual period has passed). And if she is pregnant, he must wait for the child to be born; he cannot have intercourse before that.
Fourth:
It is permissible to establish relations between a master and a female slave similar to the physical relations between a husband and wife. However, if the master marries the female slave off to someone else, then the master can no longer have relations with her, because a woman cannot be lawful for two men at the same time.
Fifth:
There is no specific age limit between a man and his female slave, but intercourse with the female slave is permissible only when she is physically capable of it.
Sixth:
The relationship between a man and his female slave must be public (announced), not secret. This is because certain rulings are based on this announcement, for example: they may have children, and it also removes suspicion from people who observe them.
Seventh:
In the present time, the existence of slaves in the Sharia sense, along with the rulings mentioned regarding enslavement and enjoying intimacy with them, is rare. The reason for this is that Muslims have abandoned the obligation of Jihad for a long time, which has led to Muslims becoming weak, humiliated, and dishonored before their enemies. Furthermore, the United Nations resolution of 1953 prohibiting and abolishing slavery is in effect in many countries, even those with Muslim-majority societies.
Therefore, based on this, it is necessary to be cautious when trying to affirm the existence of slaves who are bought and sold today. Similarly, one must avoid the wrong interpretation of “female slave,” because today some new Muslims think that slavery is achieved merely by paying money for a woman and agreeing to benefit from her.
This is similar to what is done in the markets of immorality and debauchery with prostitutes, where a woman is hired for a night, or a woman is solicited over the phone for fornication.
We pray to Allah Almighty that He grants us and you insight into the matters of our religion and protects us from His displeasure, Ameen.
(https://islamqa.info/ar/answers/26067/استاجر-امراة-لخدمته-ثم-اتفق-معها-على-ان-تكون-امة-له)
From this evidence, it is proven that it is permissible to make the women of non-believers captured in war into female slaves and to have intercourse with them. But now the matter that needs investigation is: under what circumstances, when, how, and why was this permission to make female or male slaves given? What is its purpose? And what forms of benefit from it has the Lawgiver (Shari’) prescribed?
For details on this, see Islam’s stance on Slavery
(And Allah the Almighty knows best what is correct)
Reference: https://alfurqan.info/problems/1230
