2 issues hard to explain to non-Muslims

[AbdRahman11]

As-Salamu Alaikum,
I know that as Muslims we should submit to whatever rulings Allah (swt) gives without question because He (swt) is the Master and we are the slaves.

But in our dawah to non-Muslims and even some skeptical Muslims, there are 2 issues that I still do not have a good explanation for. One is the issue of slave girls. We like know that Islam is a Din of morality and of purity. But at the same time I find it hard to explain how it is permissible for a Muslim man if he wants to have a harem of over 100 slave girls.

The other issue is that of Banu Quraydah. We know this is the Jewish tribe where all the men and boys were executed by the Muslims. It is true that this tribe betrayed the Muslims and helped the enemies of the Islamic State to attack Madinah. But how can we explain why is it that the whole tribe was punished when it was only the chief and the leaders who were responsible for the betrayal.

Jazak Allah Khair for any advice you can offer.

[abdulwahhab]

For the first question, read this:
http://www.askimam.org/fatwa/fatwa.p...47fd1373f18d7b

For the second one, yes, the Banu Qurayzah betrayed the Muslims and broke the treaty by allying themselves with the kuffar of Makkah. The punishment against them is not in accordance to Shari'ah (Shari'ah does not allow killing of prisoners who have surrendered until they are found guilty of punishments that require such punishment) but it was in accordance with Jewish law. Banu Qurayzah wanted a lenient punishment so they suggested to Rasoolallah (saw) to have Sa'ad bin Mu'az (ra), who was an Ansar and was seen as an ally by the Banu Qurayzah, to decide what the punishment would be. Sa'ad bin Mu'az (ra) gave the punishment according to the following passage from Deuteronomy 20:

10When thou comest nigh unto a city to fight against it, then proclaim peace unto it.

11And it shall be, if it make thee answer of peace, and open unto thee, then it shall be, that all the people that is found therein shall be tributaries unto thee, and they shall serve thee.

12And if it will make no peace with thee, but will make war against thee, then thou shalt besiege it:

13And when the LORD thy God hath delivered it into thine hands, thou shalt smite every male thereof with the edge of the sword:

14But the women, and the little ones, and the cattle, and all that is in the city, even all the spoil thereof, shalt thou take unto thyself; and thou shalt eat the spoil of thine enemies, which the LORD thy God hath given thee.

[ajam]

For the first question, read this:
http://www.askimam.org/fatwa/fatwa.p...47fd1373f18d7b

For the second one, yes, the Banu Qurayzah betrayed the Muslims and broke the treaty by allying themselves with the kuffar of Makkah. The punishment against them is not in accordance to Shari'ah (Shari'ah does not allow killing of prisoners who have surrendered until they are found guilty of punishments that require such punishment) but it was in accordance with Jewish law. Banu Qurayzah wanted a lenient punishment so they suggested to Rasoolallah (saw) to have Sa'ad bin Mu'az (ra), who was an Ansar and was seen as an ally by the Banu Qurayzah, to decide what the punishment would be. Sa'ad bin Mu'az (ra) gave the punishment according to the following passage from Deuteronomy 20:

10When thou comest nigh unto a city to fight against it, then proclaim peace unto it.

11And it shall be, if it make thee answer of peace, and open unto thee, then it shall be, that all the people that is found therein shall be tributaries unto thee, and they shall serve thee.

12And if it will make no peace with thee, but will make war against thee, then thou shalt besiege it:

13And when the LORD thy God hath delivered it into thine hands, thou shalt smite every male thereof with the edge of the sword:

14But the women, and the little ones, and the cattle, and all that is in the city, even all the spoil thereof, shalt thou take unto thyself; and thou shalt eat the spoil of thine enemies, which the LORD thy God hath given thee.

Interesting.. I also had question about the 2nd issue. Thanks for the clarification

[andy8118]

But how can we explain why is it that the whole tribe was punished when it was only the chief and the leaders who were responsible for the betrayal.

Is there any proof that some of those prosecuted were not involved in either encouraging/ agreeing to the betrayal and breaking of the treaty?

There is no proof - therefore the fact that they were also prosecuted can be reconciled back to the justice that prevailed - being they too were guilty by agreeing to participate in the betrayal in one form or another (whatever form that was). And remember it was not a simple betrayal of trade or something - they were looking to allign militarily with the Quraysh - thus joining in battle. Those boys would have surely also joined in battle against the Muslims because they only alligned themselves thinking they went with the stronger party that would crush the weaker party.

As with slaves - look into history at secularists, Christians, Jews, Buddhists and every other civilisation that existed in the past and their form of slavery. Compare it to Islam.

I don't have it with me at the moment, but look at the appendices in Reliance of the Traveller on Martin Lings and Titus Burckhardt and their blurbs on slavery in Islam. Generally i wouldn't recommend the site i post below (because they refer to islamonline.net, but they reference some of the quotes i intended from Reliance).

http://www.readingislam.com/servlet/...AskAboutIslamE

The bit i'd like to highlight that differntiates slavery in Islam - is that its usually criticized from a purely Islamically legal perspective thus - if we look at it in that light then:

"Furthermore, Muslims were encouraged to manumit slaves as an act of worship. And if all that is not enough to demonstrate the differences between slavery in Islam and elsewhere, remember that the Mamelukes who ruled Egypt for nearly 300 years were slaves who legally belonged to the Islamic state (Ahmad ibn Naqib Al-Misri, Reliance of the Traveller, trans. Nuh Ha Mim Keller, pp. 458-59)."

The rulers were legally/technically slaves? Slavery in Islam is/was not like that of the West and Europe!!!

[ENIGMA]

The argument on the otherside now is that slavery has been abolished now in the west, so how does Islam counter that. Yes,when slavery was rife, Islam was morally superior, yet the comeback now is that they have abolished it, whereas,technically,its still allowed in Islam.

Can you help me with that one andy, how can we counter that argument,please.

If a non muslim says is slavery halal or haram,what does one say?

[kamals]

Wa salam,

The fatwa at askimam does address the issue, but leaves a bit to be desired in the clarity of its explanation. Can anyone recommend any other articles dealing with this issue in depth?

Abdal Qadir al-Murabit deals with this issue well a bit in his old book, Sign of the Sword, but again I yearn for a more through examination of the topic...

Can someone bring this matter up to Ustedh Ali or someone at Zaytuna? Perhaps they can give a good in depth response as well..

[peace800]

I would also like a better response to the slave girl question as the link provided gives a very confusing answer basically saying that even if we dont like it we must accept it i.e. masters allowed to have sex with slave girls without marrying them.

Can someone please provide or guide us to a better answer regarding why were masters allowed to have sex with slave girls and more than one at that? to me it is distasteful and I hope by the will of Allah someone can answer that one for me?

I probably find it distasteful as I have not read a decent answer regarding this.

[peace800]

I found this answer from someone from the site ***************:

One of the most abused expression in the Quran is the statement about "Ma Malakat Aymanukum", which translates word for word as "What your right hand possess". Many traditional Muslims have abused this statement. They have followed corrupted scholars who have innovated and fabricated laws that have no basis in the true Islam (Submission) and contradict the laws of God in the Quran.

When we study the verses that talk about "Ma Malakat Aymanukum", or (MMA) for short, in the Quran, we will understand this sensitive issue.

Frequently, we get questions from the visitors of our web site at *************** about MMA and whether it is allowed to have sexual relationship with them or not. Other visitors talk about sexual relationship with MMA as a matter of their right. This article will address this question from the Quran and define what is meant by MMA and the nature of relationship between these MMA and those who are responsible for them.

MMA covers five categories of people. They can be men, women, boys or girls. The expression of MMA has different meaning in different verses although all of them fall under the same classification - a group of people who depend on you, almost totally, for their living requirements, security and well being. Quran teaches beyond doubt that MMA are part of our families who should be treated with respect and given their rights as human beings. Only in two categories out of the five MMA, is sexual relationship allowed and only after these MMA are part of a marriage (as a spouse). Under no circumstances does God allow in the Quran any man (or a woman), to have sexual relationship with their MMA unless the man and the woman become a husband and wife. Even in case of war, all the captured women (and men), fall under the protected MMA and cannot be considered sex objects. They should be treated with respect and asked for marriage, and given their due dowries. Rape of women during wartime is a crime as it is during peacetime. Righteousness is defined by an established moral value, that is best judged by the words of God in the Quran, and not by war or peace.

The following is a description of these categories of MMA in the Quran, the verses that mention them and the expected relationship:

(1) Ma Malakat Aymanukum = what you already have. The first category of MMA is the category of women who were already married to their husbands even if their marriages do not follow the Quranic rules because their marriage occurred before the revelation of the Quran or before their conversion to Islam. This can be understood from the wording of 4:3.

In this case, if you already have a wife or wives, even from a category that became prohibited after the revelation of the Quran, you can keep them. You do not have to divorce them as God would not break an established marriage. This category of MMA is considered permitted for these particular people and falls under what you already have. Since they are actually a married couple a sexual relationship is permitted.

[4:3] If you deem it best for the orphans, you may marry their mothers - you may marry two, three, or four. If you fear lest you become unfair, then you shall be content with only one, or with what you already have (Ma Malakat Aymanukum). Additionally, you are thus more likely to avoid financial hardship.

[33:50] O prophet, we made lawful for you your wives to whom you have paid their due dowry, or what you already have (Ma Malakat Yameenek) , as granted to you by GOD. Also lawful for you in marriage are the daughters of your father's brothers, the daughters of your father's sisters, the daughters of your mother's brothers, the daughters of your mother's sisters, who have emigrated with you. Also, if a believing woman gave herself to the prophet - by forfeiting the dowry - the prophet may marry her without a dowry, if he so wishes. However, her forfeiting of the dowry applies only to the prophet, and not to the other believers. We have already decreed their rights in regard to their spouses or what they already have (Ma Malakat Aymanuhum). This is to spare you any embarrassment. GOD is Forgiver, Most Merciful.

[33:52] Beyond the categories described to you, you are enjoined from marrying any other women, nor can you substitute a new wife (from the prohibited categories), no matter how much you admire their beauty. You must be content with those already made lawful to you (Ma Malakat Yameenek). GOD is watchful over all things.


(2) Ma Malakat Aymanukum = What is rightfully yours.

This is the second category of the MMA, what is rightfully yours. In this category sexual relationship is allowed. We, however, have to be very careful in understanding God's law in the Quran. God deliberately used the word OR when permitting the sexual relationships between men and their MMA. It is EITHER their spouses OR MMA. God did not choose AND in these particular verses, (their spouses and MMA.) God's choice of His words is
1 month ago
Source(s):
deliberate and He constructs His laws very clearly to leave NO doubt in the mind of His true worshippers. In this category of what is rightfully theirs, are situations where a man and a woman married each other without registering their marriage with the appropriate authorities. Common law marriage in USA is one of these cases where both the man and the woman agrees to live together as a husband and a wife in front of God but do not register their marriage. It can also include cases described in the first category where MMA becomes rightfully theirs by the permission given to them by God.

Short-term agreement between a man and a woman to have sex for any period of time is not included in this category. This short-term agreement is prostitution and is forbidden by God's law in the Quran. In this short term agreement the man deprive the woman from her legal rights that a wife has, and free himself from having any obligation of a husband towards his divorced wife. The example of this short-term agreement to have sex between a man and a woman is what many scholars call Muta marriage. They make it legal, when it is against all the laws of marriage and establishing a family in the Quran.

[70:30] (They have relations) only with their spouses, or what is legally theirs - (Ma Malakat Aymanuhum)

[23:6] Only with their spouses, or those who are rightfully theirs (Ma Malakat Aymanhum), do they have sexual relations; they are not to be blamed.


(3) Ma Malakat Aymanukum = slaves, if any. Since slaves are dependent totally on their owner, they are considered MMA. Although the Quran advocates the freeing of the slaves in every possible occasion, the law is placed in the Quran to protect those who were slaves at the time of the revelation of the Quran and for those who may become slaves in any future time. Some of the visitors to our web site talk about their servants as if they were their slaves since they totally dependent on them. Slaves and servants are protected and not considered as sexual partners under any circumstance outside a lawful marriage.

[4:25] Those among you who cannot afford to marry free believing women, may marry believing slave women (Ma Malakat Aymanukum). GOD knows best about your belief, and you are equal to one another, as far as belief is concerned. You shall obtain permission from their guardians before you marry them, and pay them their due dowry equitably. They shall maintain moral behavior, by not committing adultery, or having secret lovers. Once they are freed through marriage, if they commit adultery, their punishment shall be half of that for the free women. Marrying a slave shall be a last resort for those unable to wait. To be patient is better for you. GOD is Forgiver, Most Merciful.


In this verse, God clarifies the status of MMA as being honorable women who may marry believing men after getting permission from their guardians. If these slave women are the sexual partners of their guardians, how can God offer them to the believing men? God asks them to MAINTAIN their moral behavior, by not committing adultery or having secret lovers. This verse clearly shows those slave women (MMA,) are not the sexual partners of their guardian.


[24:33] Those who cannot afford to get married shall maintain morality until GOD provides for them from His grace. Those among your servants (Ma Malakat Aymanukum) who wish to be freed in order to marry, you shall grant them their wish, once you realize that they are honest. And give them from GOD's money that He has bestowed upon you. You shall not force your girls to commit prostitution, seeking the materials of this world, if they wish to be chaste. If anyone forces them, then GOD, seeing that they are forced, is Forgiver, Merciful.

Two important teachings are found in this verse - to free the slaves (servants) to get married and not to force the girls to commit prostitution. In this verse MMA, servants (slaves), can be freed from their slavery to get married, and even helped with money to do so. Had they been legitimate sexual partners of the owner or the guardian, they would not be available for marriage whenever they want to, as this verse teaches. Forcing them to have sex will be prostitution or rape.

(4) Ma Malakat Aymanukum = servants. Since our servants are dependent on us in their living, we are responsible for their well being but they are not our sexual partners. See what the Quranic verses teach about this category.

[24:31] And tell the believing women to subdue their eyes, and maintain their chastity. They shall not reveal any parts of their bodies, except that which is necessary. They shall cover their chests, and shall not relax this code in the presence of other than their husbands, their fathers, the fathers of their husbands, their sons, the sons of their husbands, their brothers, the sons of their brothers, the sons of their sisters, other women, the male servants (Ma Malakat Aymanuhunna) or employees whose sexual drive has been nullified, or the children who have not reached puberty. They shall not strike their feet when they walk in order to shake and reveal certain details of their bodies. All of you shall repent to GOD, O you believers, that you may succeed.

There is a great lesson in this verse. God teaches us that the believing women may have the same category (MMA) like the men do. Notice that the verse starts by asking the believing women to maintain their chastity.

The male scholars who gave permission to any man to have sex with his (MMA), will not allow the same right for a woman who owns the same category (MMA). These scholars fabricated laws of their own that apply to the men but not to the women. Such fabricated laws have no basis in God's laws in the Quran. These laws of God apply to all genders without discrimination. God prohibited sexual relationship with MMA outside a marriage for both the men and the women alike.

[33:55] The women may relax (their dress code) around their fathers, their sons, their brothers, the sons of their brothers, the sons of their sisters, the other women, and their (female) servants (Ma Malakat Aymanuhunna). They shall reverence GOD. GOD witnesses all things.

[24:58] O you who believe, permission must be requested by your servants (Ma Malakat Aymanukum) and the children who have not attained puberty (before entering your rooms). This is to be done in three instances - before the Dawn Prayer, at noon when you change your clothes to rest, and after the Night Prayer. These are three private times for you. At other times, it is not wrong for you or them to mingle with one another. GOD thus clarifies the revelations for you. GOD is Omniscient, Most Wise.

It is clear from this verse that your MMA (servants), do not have the permission given to your spouse (sexual partner) of freely entering your sleeping quarters. Had these MMA, servants, been considered your sexual partners, such a permission would not be needed.

[4:36] You shall worship GOD alone - do not associate anything with Him. You shall regard the parents, the relatives, the orphans, the poor, the related neighbor, the unrelated neighbor, the close associate, the traveling alien, and your servants (Ma Malakat Aymanukum). GOD does not like the arrogant show-offs.

[16:71] GOD has provided for some of you more than others. Those who are given plenty would never give their properties to their subordinates (Ma Malakat Aymanukum) to the extent of making them partners. Would they give up GOD's blessings?

[30:28] He cites for you herein an example from among yourselves: Do you ever elevate your servants or subordinates (Ma Malakat Aymanukum) to the level where they rival you, and to the point that you pay them as much allegiance as is being paid to you? We thus explain the revelations for people who understand.

(5) Ma Malakat Aymanukum = Special category of women who leave their disbelieving husbands during wartime and join the believers camp. This category is also protected in the Quran and not exempted as sex slaves. They must be treated like any free woman, asked for permission for marriage and given all the due respect and payments that apply to a legal marriage. This is clarified in 60:10.

[4:24] Also prohibited are the women who are already married, unless they flee their disbelieving husbands who are at war with you (Ma Malakat Aymanukum). These are GOD's commandments to you. All other categories are permitted for you in marriage, so long as you pay them their due dowries. You shall maintain your morality, by not committing adultery. Thus, whoever you like among them, you shall pay them the dowry decreed for them. You commit no error by mutually agreeing to any adjustments to the dowry. GOD is Omniscient, Most Wise.

[60:10] O you who believe, when believing women (abandon the enemy and) ask for asylum with you, you shall test them. GOD is fully aware of their belief. Once you establish that they are believers, you shall not return them to the disbelievers. They are not lawful to remain married to them, nor shall the disbelievers be allowed to marry them. Give back the dowries that the disbelievers have paid. You commit no error by marrying them, so long as you pay them their due dowries. Do not keep disbelieving wives (if they wish to join the enemy). You may ask them for the dowry you had paid, and they may ask for what they paid. This is GOD's rule; He rules among you. GOD is Omniscient, Most Wise.

God's law is clear in the Quran. We, as submitters to our Creator, have no choice but to submit to such law. Any person breaking this law is not practicing Islam (Submission) and cannot be considered to be a Muslim (Submitter). Indeed, such individuals who do not submit to God's laws are "Objectors" not "Submitters."

[troy01]

As-Salamu Alaikum,

The other issue is that of Banu Quraydah. We know this is the Jewish tribe where all the men and boys were executed by the Muslims. It is true that this tribe betrayed the Muslims and helped the enemies of the Islamic State to attack Madinah. But how can we explain why is it that the whole tribe was punished when it was only the chief and the leaders who were responsible for the betrayal.

Jazak Allah Khair for any advice you can offer.

pls refer,

NEW LIGHT ON THE STORY OF BANU QURAYZA AND THE JEWS OF MEDINA : By W. N. ARAFAT

Myths & Facts About the Banu Qurayzah

The Expulsion of Banu al-Qurayzah

A Look At A Christian’s Problem With The Execution Of Men At Bani Qurayda


The Bani Quraytha Jews:Traitors or Betrayed?

finally,

As posted in fatwa above jews where judged according to their own law

Deuteronomy 20:10-12



10 When you march up to attack a city, make its people an offer of peace. 11 If they accept and open their gates, all the people in it shall be subject to forced labor and shall work for you. 12 If they refuse to make peace and they engage you in battle, lay siege to that city. 13 When the LORD your God delivers it into your hand, put to the sword all the men in it. 14 As for the women, the children, the livestock and everything else in the city, you may take these as plunder for yourselves. And you may use the plunder the LORD your God gives you from your enemies




This is what happened. The Muslims offered a treaty with the Bani Quraydah. The Bani Quraydah broke it. They refused to surrender even after they broke the treaty and fought to protect the criminals. Therefore, they were judged with their own law.

[kamals]

My point, in respect to brother Andy818's point, these issues and even more confusing ones have to be dealt with in an informed, knowledgeable and sensitive manner.

The article quoted you, sister peace80o, does show light on the topic from some useful corners; but the author of the article also makes some real errors out of apologetics and misunderstanding. This complicates the issue and increases confusion.

I make no pretense to understanding these issues in any depth, I'm not even a student of true knowledge much less than a scholar, however perhaps by Allah's grace I can point a light in the direction of where this issue should need us.

The essence of things is seen though is the mercy of Islam and its encouraging stable social bindings and situations. "Marriage" in Islam is defined differently than in non-Muslim discourse. The actual Arabic definitions of words like Nikkah(marriage), Zawj(spouse), jariya or suriaya (slavegirl)etc., are important to understanding the social realities that these words actually describe, because they mean very different things, in the sharia, than they do in English or other tongues.

An example is Wife in English, it means etymologically "woman", frau or Feme in french, also means "woman" whereas Zawja in Arabic means "pair' the essential meanings are as relevant as the popular common meanings in understanding these matters.

The semantics are important because we are all sensitive to certain words depending on how we grew up or our life's experiences, and certain words may be technically correct but laden with shades of meanings and connotations that veil the truth, not exposes it.

A man who has what one could call, for lack of a better word in English, a "slave girl" or "concubine" in accordance with the Sharia's rules, has a legal dependent with certain rights upon her, to whom he has legal AND spiritual well defined obligations, who can sue him for the breech of the same, and who occupies a SOCIAL PLACE as a being, not an object, in society - she is one who has been integrated in an alien social nexus after great trauma and is able to navigate her way through this nexus.

There is always ideal vs. reality of course, but historically the reality was often close to the ideal.

The issue is highly nuanced, and much of it is a matter of semantics - and this is my point, by not addressing the issue it becomes confusing. It make sense once one gets it and understands it, but articulating it is difficult in today's world due to how we have been educated and our social assumptions.

Part of the understanding of the wisdom in Islam's position on slavery is to keep in mind Islam's emphasis on social balance, and then actually study in great depth the reality of warfare throughout history, what was done to the conquered, the history of battlefield rape, slave trading, and more, in non-Muslim civilizations up to this day - and then review the Sharia's ahkam on the issue.

Since the books were written in a day and age of much different expectations and assumptions by both non-Muslims and Muslims alike - in a world in which people had utterly different worldviews than in our modern world, they don't explain things that were taken largely for granted.

The reality of war before Islam was slaughter, gang rape, and mass murder, on massive scales. Imagine a conqueror taking the population of an entire city by the sword, or slitting the throats of all of the men, thousands, before their own people, and them allowing the victors to run through the city looting, gang raping, and murdering women and children until they were satiated, and THEN reducing the survivors into chattel slavery THIS was war in Christian lands and Pagan lands alike, the exceptions to this are so few as to be almost meaningless, excepting maybe China (maybe..). The Romans, the MOST civilized people in Europe said that in war everything was allowed, in fact the very founding of Rome was based on mass rape (the legend of the rape of the Sabine Women)

Only Islam came to change this - everything in the ahkam of jihad including bonded laborers and servants and a man's sexual relations to "what his right hand possesses" is related to SOCIAL BALANCE, adl - justice - and setting people in places in which they have rights as well as obligations. You take people ripped from a battle field in an alien land and integrate them into society in a way that benefits not just them, but their hosts, and their future generations..

More later Inshallah, fundamentally though it is something that we must accept as the Sharia has legislated specific things by Allah's wisdom.

I would also like a better response to the slave girl question as the link provided gives a very confusing answer basically saying that even if we dont like it we must accept it i.e. masters allowed to have sex with slave girls without marrying them...

I probably find it distasteful as I have not read a decent answer regarding this.