Mufti Ebrahim Desai answers a young Muslim’s pressing question: when is it OK to rape a jihad slave woman? A question on the status of women taken as prisoners during Jihad. (Hat tip: Seppo.)

In the “Jihads” (Islamic wars) that took place, women were also, at times, taken as prisoners of war by the Muslim warriors. These women captives used to be distributed as part of the booty among the soldiers, after their return to Islamic territory. Each soldier was then entitled to have relations ONLY with the slave girl over whom he was given the RIGHT OF OWNERSHIP and NOT with those slave girls that were not in his possession. This RIGHT OF OWNERSHIP was given to him by the “Ameerul-Mu’mineen” (Head of the Islamic state.) Due to this right of ownership, it became lawful for the owner of a slave girl to have intercourse with her.

It may, superficially, appear distasteful to copulate with a woman who is not a man’s legal wife, but once Shariah makes something lawful, we have to accept it as lawful, whether it appeals to our taste, or not; and whether we know its underlying wisdom or not. It is necessary for a Muslim to be acquainted with the laws of Shariah, but it is not necessary for him to delve into each law in order to find the underlying wisdom of these laws because knowledge of the wisdom of some of the laws may be beyond his puny comprehension. Allah Ta’ala has said in the Holy Quraan: “Wa maa ooteetum min al-ilm illaa qaleelan” which means, more or less, that, “You have been given a very small portion of knowledge”. Hence, if a person fails to comprehend the underlying wisdom of any law of Shariah, he cannot regard it as a fault of Shariah (Allah forbid), on the contrary, it is the fault of his own perception and lack of understanding, because no law of Shariah is contradictory to wisdom.

Nevertheless, the wisdom underlying the permission granted by Shariah to copulate with a slave woman is as follows: The LEGAL possession that a Muslim receives over a slave woman from the “Ameerul-Mu’mineen” (the Islamic Head of State) gives him legal credence to have coition with the slave woman in his possession, just as the marriage ceremony gives him legal credence to have coition with his wife. In other words, this LEGAL POSSESSION is, in effect, a SUBSTITUTE of the MARRIAGE CEREMONY. A free woman cannot be ‘possessed’, bought or sold like other possessions; therefore Shariah instituted a ‘marriage ceremony’ in which affirmation and consent takes place, which gives a man the right to copulate with her. On the other hand, a slave girl can be possessed and even bought and sold, thus, this right of possession, substituting as a marriage ceremony, entitles the owner to copulate with her. A similar example can be found in the slaughtering of animals; that after a formal slaughtering process, in which the words, “Bismillahi Allahu Akbar” are recited, goats, cows, etc.; become “Halaal” and lawful for consumption, whereas fish becomes “Halaal” merely through ‘possession’ which substitutes for the slaughtering.

Don’t you feel a lot better about that whole jihad thing now, knowing it’s all legal?