Specific Issue Relating to Bond-Women

Now, we close our discussion relevant to slavery by alluding briefly to the issue of bond-women or female-slaves. An allegation has been raised, that by granting unrestricted permission to maintain intimate relations with bond-women, the Holy Prophet(sa) has God-forbid, opened the door of lust for his followers. In this respect, firstly, we wish to state in principle, the fundamental purpose in allowing intimate relations between man and woman in Islām. In order to judge the deeds of the Holy Prophet(sa) and his Companions and in order to discern the intentions, which were hidden behind them, the most accurate method is to study the fundamental purpose for which such actions were carried out and permitted by the Holy Prophet(sa) and his Companions in accordance with the religious injunctions of the religion itself. In the Holy Qur’ān we see that among the purposes of marriage, the purpose mentioned for intimate relations between man and woman by Allāh the Exalted is as follows:

Meaning, “O ye Muslims! With the exception of such and such close female relatives, all other women are lawful and allowed to you, that you fix for them their dowries and marry them. Rather, your purpose for marriage should be to protect yourselves from vices and illnesses, and it should not at all be for the purpose of gratifying lust.”1

This teaching had such a deep influence on the dispositions of the Companions that in the likeness of a person who is influenced by something and submits to its very core, the honourable Companions would present themselves before the Holy Prophet(sa) and request permission to abstain from women all together. However, the Holy Prophet(sa) who possessed a balanced nature and desired to save his followers from ways of extremity and keep them grounded upon a position of moderation, prohibited them from following such a course. Therefore, it is mentioned in a Ḥadīth:

Meaning, “Sa‘d bin Abī Waqqāṣ(ra) relates that ‘Uthmān bin Maẓ‘un(ra) sought permission of Holy Prophet(sa) to allow him to abstain from women all together, but the Holy Prophet(sa) did not grant permission. For if the Holy Prophet(sa) had granted permission, we were prepared to become as eunuchs.”2

In these circumstances, lust, etc., is completely out of the question and ill-thinking of this nature can only be harboured by such a person who is either completely oblivious of Islāmic teaching and Islāmic history, or he has himself become so entangled in this filth that he can see no other intention except for an indecent one, in the actions of others as well. However, the question as to what the Islāmic teaching is regarding bond-women requires an answer. Hence, in this regard, first and foremost it should be known that in the general injunctions relevant to slavery, no differentiation has been made between the issue of a slave or a bond-woman. In other words, those rights which slaves are entitled to are also enjoyed by bond-women as well. Albeit, there is this much difference, that Islām has more emphatically encouraged that bond-women be given a good education and morally trained, freed and taken into a tie of matrimony.3 Moreover, until bond-women remain in a state of slavery, it has been appreciated that free people settle relationships of marriage with them, so that this family union may result in a most speedy reformation in the civilization and society of slaves. It is for this very fundamental purpose that the issue of bond-women has been excluded from the extreme limit of polygamy.4 This is so that the greatest possible opportunities become available for the reformation of the civilization and society of slaves and bond-women, and so that they become capable of manumission as quickly as possible. In this regard, various Qur’ānic verses have been recorded in the exposition above, and as such, there is no need for reiteration here.

Now remains the question as to whether a formal announcement of marriage is required for bond-women or not? This is dependent on varying circumstances. Firstly, when there is a question of marriage between a bond-woman and a slave. Secondly, when there is a question of marriage between a bond-woman and a free man, who is not her owner and master. Thirdly, when there is a question of marriage between a slave and a free woman. Fourthly, when there is a question of marriage between a bond-woman and her master and owner. Among these four probable cases, it is universally accepted that for the first three cases, an official announcement of marriage is required, and without it a relationship of marriage cannot be established. However, in the fourth case, in the matter of relations between a master and bond-woman, most scholars do not deem an official announcement of marriage to be necessary. The summary of their argument is that since a master possesses a right of ownership over his bond-woman; therefore, in legal terms this should be considered as representing a right to marriage, and no separate and official announcement of marriage is required. The reason being that the safeguarding of morals, society and genealogy, which are taken into account at the official announcement of marriage, are equally attained by this relationship which is created as a result of a right of ownership as well.5