Numerous pre-islamic patterns of sexual behaviour
Rationale Islam approves of contracted normal marriage and Marriage like cohabitation Besides this it is absolutely prohibited
Rationale Marriage to slaves Islam approach to the problem is neither total prohibition nor unqualified approval Slavery was always there People became slaves for several reasons
Rationale Insolvent debtors became slave by the creditor As a punishment for crimes Nonpayment of debt Free individual sell themselves Aristotle `slavery is based on nature, and that certain races are intended to be subject`
Rationale All sources of slavery except for 2 are unlawful in Islam Birth from slavery And from war Fundamental changes started from the expiation process Religio-legal obligation to expiate offences like mistaken manslaughter
Treatment to slaves in Islam Not to be harrassed Not to be humiliated Or overcharged with labour To be treated kindly and humanely To be fed and clothed with the same as the master To be encouraged to seek his freedom To be helped by private and public funds to enhance attainment
War Not every war is legitimate for acquiring slaves Nor is every prisoner destined to be slaves Must be justified Defensive Declared by the caliph If prisoner accepted Islam before capture he is free
Rationale Thirdly if a prisoner is captured in a legitimate war and has not chosen Islam, muslims may grant him freedom with/without compensation Islam regards it as a meritorious act to slave emancipation. This applies to both male and female
Rationale Another chance for women by cohabiting with the master- conflicting observations If a master wishes to take a slave as a wife he must set her free then consummate the marriage This is the same for a free woman and her slave But if the master does not wish to marry her as a free woman he may cohabit with her with significant consequences
Conseqences Not commendable under normal circumstances because the preferable choice is to marry a free believer- up to 4. If he is worried about injustice or is poor, only one or resort to one of the 3 in order of preference: Exercise willpower and temporarily abstain Marry a slave girl Cohabit with his own slave
Evidence `If you fear that you will not act justly towards the orphans, marry such women that seem good to you, two, three, four; but if you fear that you would not be equitable, then only one, or what your right hands own; so its liklier you will not be partial.’ 4:3 4:29 24:32-33
Rationale No limit Like marriage No 2 sisters Related Not idolatresses Not with newly acquired slaves until period Only with ahlul kitab and muslims slaves Not to force to other men
Rationale Its not about unqualified prerogative of the master free to exploit his slaves Responsible, conscientious relationship Highly significant and far-reaching consequences Not a sex pursuit Not devoid of spiritual implications
Rationale Unlawfull to sell a pregnant slave or even accept a freedom ransom from her She reaches the rank of `umm walad’ Not classified a s a slave Authority is restricted- cant sell her, or give her away not can he do anything to hinder her way to freedom If he dies without freeing her she becomes free unconditionally.
Rationale Fruitful cohabitation was conceived as an irreversible passage to ultimate freedom for the slave girl as well as all her decendants, and such a course can reduce to a considerable extent one basic source of slavery, birth from slave parents. Islam encouraged the cohabitation of slaves as another avenue to liberation for them and their progeny.