Thursday, March 26, 2020

dontconvert2islam concern for slaves' rights in Islam; forced sex?

In answer to the video "Muhammad's Jewish Wife"

That these mulk yamin cannot be forced into intimacy by the guardian is exemplified through the story of prophet Yusuf, bought as a slave and whom his mistress wanted to abuse sexually under the threat of emprisonnement. The Quran condemns such action, calls it an indecency/fahisha for the owner of a slave to have intercourse with him/her under compulsion 12:24 a grave fault and a manifest error 12:29-30. It is to be noted that the right hand possessions in Islam are people of both sexes as seen in
24:33"And (as for) those (Walladheen) who ask (Yabtaghoona) for a writing from among those whom your right hands possess give them the writing (Fa Kaatibuuhum)"
Ma Malakat aymanikum must cover both males and females because if they were only females it should be "wallaati" or "wallaa'i" instead of Walladheen, "yabtaghuna" (without the waw) instead of Yabtaghoona, "Fa Kaatibuuhuna" instead of Fa Kaatibuuhum. Just as the Quran condemned Yusuf's mistress from acting against her servant's desire to remain chaste, the Quran again prohibits the guardian from acting contrary to his mulk yamin/right hand possession's desire for chastity such as by forcing her into prostitution as was the custom in pre-islamic times. If he does so, despite the prohibition then the abused woman is certainly not to blame due to her weak background 24:33.

In 4:36 the Quran speaks of how they must be treated with kindness, without pride as one would treat the parents, neighbors or the weak in society. This means their guardians cannot abuse them in anyway just as one would not abuse the other groups mentionned in the verse
"He who slaps his slave or beats him, there is no expiation for this but to free him".
As the prophet here clearly instructs, physical abuse is a transgression that must be expiated.

The poor believer who cannot sustain a free believing woman/muhsana is told to marry a chaste MMA -since some were forced into prostitution by their guardians- and after taking her guardian's consent 4:25. Such MMA must be given their dowries justly and in case they commit an indecency only half the punishment of the self sustained women may be inflicted on them due to their past hardships and difficult upbringing that may have affected their common sense and judgement. This means that even after marrying, the mulk yamin still have a special status of clemency for their wrong-doings compared to other women. The verse ends by recommending the poor believer that it would be better for him to refrain from such union with someone elses' mulk yamin. In practice, although providing a short term solution for someone desiring to stay away from fornication, it could eventually lead to tension with the former guardian. In addition the poor believer will not be able to provide for her in the long run despite her status as stated in 24:33 where a poor man is told to remain chaste until his financial situation improves. This is a situation where the Quran clearly allows an issue that could potentially be harmful, which is why it discourages it, in order to prevent the occurrence of a greater harm which is fornication. It is interesting that some commentators have seen, among the "difficulties" arising from such unions the fact that, should the guardian not manumit his slave girl upon her marriage, then the child born will as a fact be born in bondage. The reality is this situation would burden the guardian with maintaining a child, in addition to the servant who is now less disposed to household chores as she is now split between caring for her husband, serving her guardian's household, and own child. That is why in pre-Islamic times and early Islam, guardians were quick to sell off their female servants when they conceived of a child. And that is besides taking into consideration this servant being married to another. But because the prophet forbade selling off a servant who conceives of a child, then practically this left the guardian with either the most logical choice of manumitting the slave girl, or much less probably keeping her as a burden. This is the pragmatism of Islam, and the prophetic sunna in its approach to slavery.

The Quran thus opens many different options to those categories, besides encouraging their kind treatment. In 4:3 Allah is commanding the believers who has orphans under his care towards whom he fears not to fulfill all his responsibility to marry up to 4 women but if he thinks he cannot deal in fairness with multiple wives, to marry
"only one or/aw Ma Malakat Aymanukum",
meaning a legal wife for a man who fears not to deal justly between mutliple wives can be either a regular woman who is protected and supported/muhsana OR Ma Malakat Ayman already in his possession. Therefore marrying malakat ayman according to 4:3, and other passages like 4:25 above, is as acceptable as marrying a normal woman and further 24:32 strongly encourages men and women to marry from their male/female slaves as an act of virtue.

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