Surah al-Mu'minun (The Believers ) 23 : 6

Explanatory Note

The Qur’ān defines here the clean and healthy way which allows a man to place the seeds of life in the right place: “Who refrain from sex except with those joined to them in marriage, or those whom they rightfully possess – for then, they are free of all blame.” As for married couples, no argument is raised here, because marriage is respected in all human communities. The other form, referring to ‘rightfully possessed’ women, needs some explanation.

We have spoken about the question of slavery and the Islamic approach to it elsewhere in this book. As we have stated, when Islam was revealed, slavery was a universal system. Captives of war were made slaves, and this was an international institution. It was not possible for Islam at the time, when it was engaged in military battles against its enemies who were trying hard to stop its spread with military force, to abolish slavery unilaterally. This would have meant that Muslim captives would remain enslaved by the enemies of Islam, while Islam would set enemy captives free. Hence, while putting an end to all other sources of slavery, Islam made a provisional exception in the case of captives of war. Abolition of this remaining source was delayed until a new international system to regulate the question of war captives could be put in place.

With this source of slavery remaining, captive women continued to come into Islamic society. To give them equal treatment, on the basis of the system then operating throughout the world, meant that they should be slaves. Their enslavement did not allow them to become wives through normal marriage. Hence, Islam allowed intercourse with them by their masters only, unless they were freed through the many ways Islam provided for the same.

We see also in this permission a way to satisfy the natural needs of the women slaves themselves, so that they did not resort to immorality. We see this happening today, despite the international treaties prohibiting slavery, when women are taken captive in war. Islam, however, does not condone such promiscuity. But Islam did open up several ways for women slaves to gain their freedom: one of which automatically came into operation when the slave woman gave birth to her master’s child. In this case, she became free on her master’s death. Alternatively, her master may give her freedom, either voluntarily or in atonement for some offence he might have committed. Or, she may choose to buy her own freedom. A different situation applied if her master hit her across the face. He was, then, required to free her by way of compensation. There were further ways to freedom as well.

Anyway, allowing slavery through war was a temporary necessity in order to maintain equal treatment in a world where all war captives became slaves. It was, however, not a part of the Islamic social system per se.