Among the most horrible customs of war that were inherited from ancient times and lasted till the middle decades of the second millennium A.D. was the habit of enslaving the women and children left behind the defeated army by those who were victorious. The first record available of this custom is in the book of Genesis (34:25-31). This custom was practiced throughout history by all invaders without any mercy.

When Muslims started to fight back against their persecutors, they were always fighting under the stress that if they were defeated, their wives and children would fall into slavery and receive severe punishment and torture for embracing Islam. Their stress was limitless, especially that the rights granted to captives of war in Islam were not granted by non-Muslims; on the contrary, non-Muslim masters treated their captives worse than they treated their camels and horses. When it happened that Muslims were not defeated but were victorious, the women and children left behind the defeated enemies had to be dealt with in a proper manner that may ensure they would understand Islam for what it truly is, not what they were told. Back at those times, 1400 years ago, forsaking them for their destiny after their men’s death would have multiplied their vulnerability and endangered their lives. Meanwhile, if they were strong enough to survive and continue to lead a hard life living on their own, their hatred for Islam and Muslims would increase and constitute a huge threat against the stability of the next generations. Based on this, taking them in captivity and admitting them into the Muslims’ houses, where they can live securely and find sustenance while retaining their right to keep their faith, was the solution followed by Muslims. This was not some sort of punishment for their rejection to Islam like some people understand it, but it was the act deemed most proper to show through real practice the families of those who rejected Islam and fought against it, how different Islam is from what they thought and what they were told. And also how Muslims’ treatment to their captives is way different from what the other armies would have done if they were the ones victorious. I guess we have all seen what non-Muslim armies do when they invade Muslim lands; not only in medieval times but in modern history as well. Read “Roots of Extremism” for more info.

In order to preserve the unity of the family, Prophet Muhammad P.B.U.H. forbade separating the members of the same family. If there were 2 sisters, 2 brothers, a mother and her child, etc., they were admitted into the same house. Based on the rights explained earlier in (Slavery Destroyer), the children received similar treatment to that of the children in the house. They would be dressed from the same clothes, fed from the same food, and when capable to work, they join the rest of the family members in their daily strife. The women were also treated in the same manner as that of Muslim women. If any of the women was capable to take care of herself and was talented in any craft, she can emancipate herself with time, and chose whether to live among Muslims or travel to another country with some trustable folks. This was also the case with the orphans when they grow up, and reach an age in which they can take care of themselves.

The controversial issue here is with taking concubines from among the women living in captivity. Many orientalists and western authors love to attack Islam saying that its teachings encourage taking sex slaves, while the truth is far away from their claims. Islam permitted the Muslim men to take wives and concubines from among the captivated women living under their care, but it also permitted the captivated women to marry whomever they willed, and it gave them the right to accept or refuse the proposal of their masters, and it forbade the masters from refusing to marry off their captivated women like we have explained earlier. The following are the regulations that were placed for marrying a captivated woman or taking her as a concubine:

1. If the woman was a pagan, the Muslim male cannot propose to her. Only women who believe in Allah are allowed to be taken as wives or concubines.
2. The woman’s acceptance is a must. She must first accept to be a concubine or a wife to the Muslim male, otherwise, the man has no right to mate with her.
3. No sexual intercourse is allowed with a woman except after making sure that she had her menses on time after her captivity, and that she is not pregnant.
4. If she was pregnant, the male must wait until she gives birth to her child.
5. If she conceives from him a child, she is raised to a higher status. She is no longer considered a bondswoman and becomes the mother of the child. She can’t be sold or presented as a gift to another master. Her child is born free and named after his father. This child has equal rights to inheritance like the children of a free wife.
6. If the Muslim master dies after his concubine conceives from him, she is a free woman even if she accidentally miscarries fetus.
7. If the Muslim male had two sisters living inside his house, he can only have one of them as his concubine or wife. Entering a relationship with a woman and her sister is totally forbidden in the Islamic law.

It has been mentioned that the prophet P.B.U.H. said, “Three get their reward (from Allah) twice, a man who owns a female-slave, he treats her kindly, educates her (about Islam) and excels in her education, teaches her good manners and excels in her teaching, then he emancipates her and marries her, he’s rewarded twice…” [Recorded by Bukhari] – This tradition makes it crystal clear that no maltreatment of any kind is allowed, on the contrary, kindness and devoutness are the base upon which the relation was allowed to be built.

From what we see every day, the rules set in Islam 1400 years ago for taking a concubine from among the female captives of war, are far more noble and incomparable to the way many males treat their girlfriends today. In many cases:

1. Boyfriends cheat on their girlfriends and vice versa.
2. Some boyfriends cheat on their girlfriends with their own sisters.
3. Many of them renounce the relation if their girlfriends get pregnant.
4. In many cases, a DNA test must be carried out to make sure who the real father is.
5. Many boyfriends do not provide for their girlfriends or the children resulting from the relationship.
6. None of the children born from this illegal relation has any inheritance rights whatsoever.
7. A child born out of wedlock has no right to carry his or her father’s surname. Some don’t even know who their fathers are.

All of the previous happens without any laws or rules to protect women’s rights and those of their children, nor any deterring punishments for vile men who take advantage of women, then forsake them. Can you now imagine how Islam dignified a concubine and any children resulting from such relationship in the Islamic law 1400 years ago more than the current laws do for free women in today’s “modern countries”? If you don’t like the word ‘concubine’ and detest it so much, fine, name her a girlfriend with protecting rules against men’s aggression.

In the U.S. it isn’t much better:

Anyway, the majority of Muslim scholars today agree that the conditions under which taking the women and children left behind the defeated armies as captives no longer exist. Modern war is totally different from the tribal battles that were waged thousands of years ago. In modern wars, women and children do not follow the armies or move with them from place to another, this protects them against captivity. Even if you return to the early years of Islam, Muslims fought against hundreds of thousands of Romans and the Persians, but they never captivated except the women and children who were left behind the armies near the battlefield, and most of them were servants and slaves who found in Islam the justice which they were hoping to see one day. This is why the Islamic history holds amidst its pages the chronicles of thousands of emancipated slaves who contributed greatly in building the Islamic civilization.

For full understanding, please read Slavery Destroyer & Polygyny in Islam

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Written By: Ehab Shawky