Overview (Verse 25)

Marriage with a Slave Woman
 
When a Muslim finds himself in circumstances that make it practically impossible to marry a free woman who is likely to be more mindful of her chastity, he may use the concession to marry a slave woman so as to resist the temptation of sin.
 
Any of you who, owing to circumstances, is not in a position to marry a free believing woman may marry a believing maiden from among those whom your right hands possess. God knows all about your faith: you belong to one another. Marry them, then, with their people’s consent and give them their dowers in an equitable manner, as chaste women who give themselves in honest wedlock, not in fornication, nor as women who have secret love companions. If after their marriage, they are guilty of gross immoral conduct, they shall be liable to half the penalty to which free women are liable. This provision applies to those of you who fear to stumble into sin. Yet it is better for you to be patient. God is Much-Forgiving, Merciful. (Verse 25)
 
The religion of Islam deals with man within the limitations of his nature, abilities and practical life. It takes him by the hand, elevating him from the depths of ignorance to the sublime horizon of Islamic life. At the same time, it provides him with all that he needs. What takes place in an ignorant society is not inevitable. Ignorant standards are low and Islam wants to elevate humanity to a higher standard. Islam is aware that, by his nature, man is capable of reaching a high standard. It is true that man may sink in the mud of ignorance, but it is equally true that man is able to reach to the sublime. It is God alone who knows human nature fully, because He has created mankind and is aware of what thoughts work themselves into the human mind: “How could it be that He who has created all should not know all? He is indeed unfathomable in His wisdom, All-Aware.” (67: 14)
 
In the early Muslim society, slaves were a by-product of war. Their position needed to be sorted out by setting them free either for no return, or in a mutual exchange of prisoners, or for compensation, according to the different circumstances that prevailed between the Muslim community and its enemies. Islam handled that situation by granting permission to masters only to have sexual intercourse with slave women whom they owned. This arrangement took care of the natural needs of those women as was explained in our commentary on the preceding verse. Such a relationship could either be a marital one, if they were believers, or an extra-marital one provided that it was determined that they were not pregnant. A waiting period lasting until they had had one menstruation period was observed. No men other than their masters were allowed to have intercourse with them except through marriage. They were not permitted to sell themselves for money, nor were their masters allowed to make them prostitutes.
 
This verse regulates the methods and circumstances which permitted their marriage: “Any of you who, owing to circumstances, is not in a position to marry a free believing woman may marry a believing maiden from among those whom your right hands possess”. (Verse 25) Islam prefers for its followers to marry free women if they are able to do so. Freedom imparts dignity to a woman, which enables her to protect her chastity and safeguard her husband’s honour.
 
A free woman has a family and a reputation to protect. She is too proud to allow herself to sink into the depths of promiscuity. A slave woman does not have the same considerations. Even when she is married, traces from her bondage days remain with her. Hence, she does not have the same attitude towards chastity and personal dignity as a free woman. She does not have a family reputation to worry about. Moreover, her children were treated as a class lower than the children of free women.
 
All these considerations were present in the society to which this verse was first addressed. It is natural, in view of all this, that Islam should prefer marriage with free women. Marriage with a bondswoman was treated as a concession given to those who were of limited means and who found it difficult to stay away from sin. In such cases, when temptation is too strong and financial resources are not available, Islam does not deprive its followers of a chance to have a proper relationship through marriage with slave women.
 
This is followed by an explanation of the only acceptable method for the relationship between free men and non-free women. It is the same form of marriage as with free women. The first condition is that the women in question must be believers: “Any of you who, owing to circumstances, is not in a position to marry a free believing woman may marry a believing maiden from among those whom your right hands possess.” (Verse 25) The second condition is that they must be given their dowries, which is a right owing to them, and not to their masters.
 
No one else has a claim to any part of that dowry: “Marry them, then, with their people’s consent and give them their dowers in an equitable manner.” (Verse 25)
 
The third condition is that they should be paid their dues in the form of a dowry, and the enjoyment must be through marriage, not through fornication with one person or prostitution with many: “as chaste women who give themselves in honest wedlock, not in fornication, nor as women who have secret love companions”.
 
Arabian society at that time was familiar with all these sorts of sexual relationships with free women, as explained in the report quoted above from
`Ā’ishah. Prostitution among slave women was also commonplace. A number of notables would send out their slave women to earn money for them in this abominable way. `Abdullāh ibn Ubayy ibn Salūl, the chief of the hypocrites in Madinah and the chief of his tribe prior to Islam, had four slave women whom he set to prostitution, taking their ill-gotten gains. Islam came to rescue and purify the Arabs, as all humanity, from such stinking filth.
 
We see clearly that Islam allowed only one sort of companionship between free men and those “maidens”, namely, marriage in which one woman is united with one man to form a family. There is no question of allowing the free satisfaction of desire without restraints. What men have to pay is a dowry, which they owe as a duty. It is not a payment given to a prostitute for a temporary acquaintance. Thus does Islam purify the man-woman relationship, even among slaves, of all the dirt of ignorance, into the depth of which humanity sinks every time it ignores Islam, including during our present times.
 
Before we turn to the next statement in this Qur’ānic verse, we need to reflect a little on the way the Qur’ān expresses the relationship which exists between free people and slaves in Islamic society and how Islam views this situation when it occurs in real life. The Qur’ānic verse does not use a term like slave or bondswoman. Rather, it refers to them all as “maidens”. The expression runs as follows: “Any of you... may marry a believing maiden from among those whom your right hands possess.” (Verse 25)
 
Moreover, no racial discrimination is entertained between free and unfree people, as was practised in all societies at that time, and which divided mankind into different classes. On the contrary, the Qur’ān reminds us all that we have the same origin and establishes our relationship on the ties of humanity and faith which we all share: “God knows all about your faith: you belong to one another.” It does not describe the people who “own” a slave woman as her “masters”, but instead refers to them as her “people” or family: “Marry them, then, with their people’s consent.” The dowry such a slave woman receives is not given to her master; she has full claim to it. This means that the dowry is not included in the rule that all earnings by a slave belong to the master. The dowry is not classified as “earning”; it is a right that accrues to the woman as a result of her becoming lawful to a certain man: “And give them their dowers in an equitable manner.” Furthermore, they are not looked down upon as women who sell themselves. Indeed, the reverse is true: they are “chaste women who give themselves in honest wedlock, not in fornication, nor as women who have secret love companions”. (Verse 25)
 
All these considerations give an honourable view of the humanity of those girls, even when they are in the situation of slavery brought about by temporary circumstances. This situation does not affect the fact that they are human beings who must be treated with respect. When we compare this honourable outlook with the view which prevailed all over the world and which deprived slaves of every claim to being human like their masters, and denied them all rights to which they were entitled by virtue of being human, we can appreciate the great gulf between the two. Islam places the dignity and honour of man on a totally different level, and takes care of it in all circumstances, regardless of any temporary situation that may affect any group of people such as their slavery.
 
When we compare how Islam legislated for this emergency situation with what victorious armies in modern times do with the women of countries defeated in war, we appreciate just how large the gap is. We all know how soldiers “entertain” themselves. Enough has been heard of the filth in which victorious armies indulge themselves everywhere, leaving behind them a terrible legacy from which societies suffer for many years.
 
When Temptation is Hard to Resist
 
Islam provides for a reduced punishment for slave women who commit adultery after marriage. In this way, it takes into account the situation in which such a woman finds herself, understanding that this makes her more liable to sin and less able than a free woman to resist temptation. By its very nature, slavery reduces a woman’s dignity or family reputation. These are the two elements that make a free woman more able to protect her chastity. It also takes into consideration the social and economic differences between a free woman and a slave girl. All these considerations make a slave woman more complacent with regard to her honour and make it easier for her to yield to the temptation of money or position by her seducer. It is for this reason that the penalty for a slave woman who commits adultery after marriage is only half that of a free woman: “If after their marriage, they are guilty of gross immoral conduct, they shall be liable to half the penalty to which free women are liable.” (Verse 25)
 
It goes without saying that this represents the measurable penalty that can be halved, i.e. flogging. It does not apply to the penalty of stoning which cannot be divided. Hence, if a married believing slave commits adultery, she is given half the punishment of an unmarried free woman. If the slave who commits fornication is unmarried, her penalty is subject to different views among scholars. Some are of the opinion that it is the same, i.e. half the penalty of an unmarried free woman, and that the Imām or ruler administers it. Others are of the view that it is a reduced punishment, administered by her master. These views are argued in books of jurisprudence. We have no intention of delving into these details here. It is sufficient for our purposes to state that Islam takes into consideration all situations while at the same time helping people to maintain their purity and chastity.
 
This is an example of how Islam maintains a balanced view, taking into consideration all relevant factors. Knowing all that may be of influence in a slave’s life, it does not legislate the same penalty for her as that for a free woman. On the other hand, it does not give undue weight to her circumstances, so as to exempt her altogether from punishment. It strikes the perfect balance.
 
On the other hand, Islam does not exploit the low position of slaves so as to increase their punishment, in the same way as all man-made laws used to do. Those laws treat people of high position leniently, while administering cruel punishments to those of lower positions. In the celebrated law of the Roman Empire, punishment was increased for all lowly classes. It stated: “A person who seduces a virtuous widow or a virgin shall be punished by the confiscation of half his wealth if he belongs to a noble family, and by flogging and exile if he comes from a low class.” According to the Indian code known by the name of Manū Shāstra, a Brahman who commits a crime punishable by death may not be punished by the governor in any other way than by having his head shaved. Anyone else shall be executed. If an untouchable tries to hit a Brahman with his hand or with a stick, he shall have his hand chopped off. The Jews used to let a noble man who steals go without punishment, while the prescribed punishment was administered to ordinary thieves. (This is according to a ĥadīth related by al-Bukhārī, Muslim and others.)
 
Islam on the other hand, sets the record straight. A criminal will always be punished, but only after taking all extenuating circumstances into account. Thus, for adultery committed by a slave woman after marriage, the prescribed punishment is half that administered to a free unmarried woman. Allowing her to go unpunished means that her own will is non-existent. To say that is wrong. At the same time, Islam does not overlook her situation.
 
Some societies today, such as those in America and South Africa, practise a repugnant system of racial discrimination. Crimes which are overlooked when committed by an “honourable” white man are never forgiven when committed by a coloured person. The same logic of Jāhiliyyah, or state of ignorance prevails wherever and whenever Divine faith is ignored. Islam implements its own philosophy in all places and throughout all generations.
 
The verse concludes with a statement which indicates clearly that to marry a slave woman is a concession given to a person who fears that he may yield to temptation and who finds it too hard to resist. A person who can remain patient, without afflicting himself, is better advised to do so, in view of what we have already outlined in connection with marriage with a slave girl: “This provision applies to those of you who fear to stumble into sin. Yet it is better for you to be patient.” (Verse 25)
 
God neither wants to afflict His servants nor let them fall victim to temptation. It is true that the faith He has chosen for them inspires them to try to reach the sublime, but it wants them to do so within the limitations of their human nature and their own potentials, as well as their real needs. Hence, it gives them a code of living which is easy to follow. It takes notice of their nature, acknowledges their needs and appreciates their motives. What it will never do, however, is to cheer those who have sunk low. It neither glorifies their surrender, nor exempts them from their responsibility to try to resist temptation.
 
In this instance, Islam encourages its followers to remain patient until they are able to marry free women who can maintain their chastity after marriage. They are the ones who can establish happy families, give birth to a new noble generation, take good care of young children and remain faithful to their husbands. When that represents affliction and the temptation is too great to resist, a concession is given, coupled with an attempt to raise the standard of slave women through the honour given them. They are our “maidens” and we are their “people”. All of us belong to one another, united in the tie of faith. God knows best who is of strong faith. They receive their dowries by way of right. Association with them may only be through marriage. They are liable to punishment if they err, albeit a reduced one in the circumstances: “God is Much-Forgiving, Merciful.” This is a concluding comment on having to marry a slave woman and on the reduction of punishment in the case of erring slave girls. It is a suitable comment in both cases. God’s forgiveness and mercy are needed in all situations and after every error.