Editing Islamic sexual jurisprudence (section)

==== Concubinage ====
{{main|Ma malakat aymanukum}}
{{See also|Islamic views on slavery#Sexual intercourse}}

Islamic law does not require a man to take consent from his slave girl in order to have sexual intercourse with her.<ref>{{Cite journal|last=Ali|first=Kecia|date=February 2017|title=Concubinage and Consent|url=https://www.cambridge.org/core/product/identifier/S0020743816001203/type/journal_article|journal=International Journal of Middle East Studies|language=en|volume=49|issue=1|pages=148–152|doi=10.1017/S0020743816001203|issn=0020-7438|doi-access=free}}</ref> Concubinage is the only legal practice outside marriage in Islam, which is a sexual relation between a Muslim man and an unmarried female slave whom he owns. The term refers to the status of the female; [[Malik ibn Anas]] cites a report in which "Umar b. al-Khattab says that when a female slave gives birth to a child by her master, then the slave becomes an ''[[umm walad]]'' (mother of a child, concubine)."<ref name="ReferenceA">{{cite book |last=Suad |first=Joseph |title=Encyclopedia |year=2007 |publisher=Brill |location=Leiden and Boston |page=531}}</ref> The [[Hanbali]] jurist [[Ibn Qudama]] explains that the father is not allowed to sell or transfer ownership of his concubine, though he is entitled to have sexual relations with her, to employ her service, to hire her out and to marry her. [[Ibn al-Humam]] adds that the slave-owner must acknowledge the kinship of the child.<ref name="Suad 2006"/>

"Concubine" (''surriyya'') refers to the female slave (''jāriya''), whether Muslim or non-Muslim, with whom her master engages in sexual intercourse. The word "''surriyya''" is not mentioned in the Qur'an. However, the expression "[[Ma malakat aymanukum]]" (that which your right hands own), which occurs fifteen times in the sacred book, refers to slaves and therefore, though not necessarily, to concubines.{{additional citation needed|date=November 2016}} Concubinage was a pre-Islamic custom that was allowed to be practiced under Islam through some reform with Jews and non-Muslim people. Muhammad also inspired to free "converted pious" concubines and marry them.<ref>{{cite web | url=http://quranx.com/Hadith/adab/In-Book/Book-9/Hadith-48/ | title=Al-Adab Al-Mufrad / Book-9 / Hadith-48 | publisher=quranx.com | accessdate=7 June 2015 | url-status=live | archiveurl=https://web.archive.org/web/20170217062833/http://quranx.com/Hadith/adab/In-Book/Book-9/Hadith-48/ | archivedate=17 February 2017 }}</ref>{{additional citation needed|date=November 2016}}

Islamic jurisprudence sets limits on the master's right to sexual intercourse with his female slave. A man's ownership of his unmarried slave-girl gave him an exclusive right to have sex with her under the condition that he could not sell her to others (in order to prevent prostitution of slaves). A man could own a limitless number of concubines, but could not have access to the slave-girls owned by his wife. Marriage between the master and his concubine was only possible if she was granted free status first. To avoid pregnancies, the master had the right to practice [[coitus interruptus]]. The birth of progeny would change the legal status of the concubine to that of ''umm al-walad'' ("mother of the child"); as such, the concubine could not then be sold. On the (lawful) death of her master, she would automatically acquire free status and her children would be considered free and legitimate.<ref name="Suad 2006"/>

Surah [[Al-Muminun]] (23:6) and Surah [[Al-Maarij]] (70:30) both, in identical wording, draw a distinction between spouses and "those whom one's right hands possess" (female slaves), saying " أَزْوَاجِهِمْ أَوْ مَا مَلَكَتْ أَيْمَانُهُمْ" (literally, "their spouses or what their right hands possess"), while clarifying that sexual intercourse with either is permissible. The purchase of female slaves for sex was lawful from the perspective of Islamic law, and this was the most common motive for the purchase of slaves throughout Islamic history.<ref name="Brunschvig">Brunschvig. 'Abd; Encyclopedia of Islam, Brill, page 13.</ref>

One rationale given for recognition of concubinage in Islam is that "it satisfied the sexual desire of the female slaves and thereby prevented the spread of immorality in the [[Ummah|Muslim community]]."<ref name="Sikainga 1996 p22">{{cite book | author=Sikainga, Ahmad A. | title=Slaves Into Workers: Emancipation and Labor in Colonial Sudan | publisher=University of Texas Press | year=1996 | isbn=978-0-292-77694-4 | url=https://archive.org/details/slavesintoworker0000sika }} p.22</ref> Most schools restrict concubinage to a relationship where the female slave is required to be monogamous to her master<ref>{{cite book |author1=Bloom, Jonathan |author2=Blair, Sheila |title=Islam: A Thousand Years of Faith and Power |publisher=Yale University Press |year=2002 |isbn=978-0-300-09422-0 |url=https://archive.org/details/isbn_9780300094220 }} p.48</ref> (though the master's monogamy to her is not required), but according to Sikainga, "in reality, however, female slaves in many Muslim societies were prey for [male] members of their owners' household, their [owner's male] neighbors, and their [owner's male] guests."<ref name="Sikainga 1996 p22"/> It is also considered a cultural taboo as a result according to which it was banned in numerous Islamic Empires and is out of favor in modern day Muslim countries. The practice has recently seen a revival among terrorist circles like the ISIS and Daesh.<ref>{{Cite web|title=sex slavery in ISIS - Google Search|url=https://www.google.com/search?q=sex+slavery+in+ISIS&oq=sex+slavery+in+ISIS&aqs=chrome..69i57.7639j0j9&sourceid=chrome&ie=UTF-8|access-date=2020-06-08|website=www.google.com}}</ref>

The history of slavery in Islamic states and of sexual relations with slaves, was the "responsibility of Muslims, and not of the Quran", according to Parwez,{{who|date=January 2017}} as quoted by Clarence-Smith.<ref name=csp198>{{cite book|last1=Clarence-Smith|first1=William|title=Islam and the Abolition of Slavery|publisher=Oxford University Press|isbn=978-0195221510|pages=198–200|url=https://books.google.com/?id=nQbylEdqJKkC&pg=PR9&dq=slavery+quran#v=onepage&q=translation&f=false|url-status=live|archiveurl=https://web.archive.org/web/20170611073330/https://books.google.com/books?hl=en&lr=&id=nQbylEdqJKkC&oi=fnd&pg=PR9&dq=slavery+quran&ots=CmLKAHzroo&sig=qkVj_OulU-TNieKvSJk6ybw8NUc#v=onepage&q=translation&f=false|archivedate=2017-06-11|year=2006}}</ref> Amir Ali blamed the history of Islamic slavery in racist terms, states Clarence-Smith, stating that slave servitude and sexual abuse of captive slaves may have been because of degeneration of the Arabs from their admixing over time with "lower races such as Ethiopians".<ref>{{cite book|last1=Clarence-Smith|first1=William|title=Islam and the Abolition of Slavery|publisher=Oxford University Press|isbn=978-0195221510|pages=199–201|url=https://books.google.com/?id=nQbylEdqJKkC|url-status=live|archiveurl=https://web.archive.org/web/20160429200313/https://books.google.com/books?hl=en&lr=&id=nQbylEdqJKkC&f=false|archivedate=2016-04-29|year=2006}}</ref>