But the Prophet (ṣ) instituted many practices that were intended to gradually phase out slavery and concubinage from society, including legal protections for concubines from rape, sex crimes, and abusive men. 128–38 for an overview of Qurʾanic discussions of slavery. A female slave who had an intimate/sexual relationship with her owner was a concubine. 7 (It remains debatable whether milk is best understood in these contexts as entitlement, ownership, or some mélange of the two.) A slightly different example reinforces the legal distinction between marriage and concubinage. 10 4 (Read in a certain light, a few passages in jurisprudential texts suggest submerged evidence of enslaved women's ruses to avoid sex with their owners.Footnote kaso kayo sa isa’t isa ng adultery o Concubinage dahil pumayag o nag Consent kayo ayon sa kasulatan na ito. The resulting reality in law and legal custom is that in hindsight the only consenting or non-rape relationship possible is when a slave had 'stolen back' her own consent and had an 'illicit' affair with another slave or free-person who was also 'stealing' the truly voluntary and un-coerced by neither hope for reward nor fear of punishment the consent, affections, and/or sexual attentions of the slave and without the proxy consent of the slave's … w/in 5 years after the celebration of the marriage How committed/Concept: The crime committed by a married man who: 1. Milk al-nikāḥ and milk al-yamīn are incompatible; they cannot be combined. 14 Anyway, yes, concubinage is a diplomacy option. Even if he marries off his own slave and no longer has lawful access to her, his having sex with her is a lesser transgression than zinā. Sharlet, “Educated Slave Women and Gift Exchange in Abbasid Culture,” in Concubines and Courtesans. 2 Other types of texts, too, may preserve countervailing voices, in tension with the ideal fiqh model in which enslaved women's consent is simply disregarded. Nonconsensual sex—what contemporary Westerners would term rape—might be either a coercive subset of zinā, with blame lifted from the coerced participant, or a type of usurpation (ightisāb), a property crime that by definition cannot be committed by a husband or owner, who possesses an entitlement to, or ownership over, his wife's or slave's sexual capacity. That the text of the Qurʾan does not permit sexual access simply by virtue of milk al-yamīn is a defensible theological claim.Footnote "shouldUseShareProductTool": true, the concubine must live in the conjugal dwelling even for brief periods of time, and not where she occasionally comes for a tryst or to spend the night therein Google Scholar, esp. Notably, Qurʾanic passages on slavery differ strikingly in terms of their terminology and main preoccupations from later jurisprudential texts.Footnote Adultery is committed by a married woman and her paramour who knows her to be married. So pervasive is deference to some notion of consent that even Daʿish supporters who uphold the permissibility of enslaving women captured in war can insist that their refusal or resistance makes sex unlawful. They agreed unanimously that an enslaved female's consent was never required for a marriage contracted by her owner. If a man who is married to someone else's slave comes to own her (e.g., via gift, purchase, or inheritance) she ceases to be his wife, but sex remains lawful by virtue of milk.Footnote The Revised Penal Code penalizes adultery, committed by a married woman, and concubinage, committed by a married man. Any argument must be largely from silence, as the sources simply do not discuss the issue. One can think about the possibilities for resistance and agency in what were, after all, human—even if deeply unequal and unjust—relationships without succumbing to the temptation to read contemporary ethical norms into early Muslim texts which possess very different sensibilities. Concubinage was custom practiced in both pre-Islamic Arabia and the wider Near East and Mediterranean. The jurists’ occasional affirmations that a married female slave whose owner nonetheless has sex with her is not to be punished is the closest any of these texts comes to considering the relevance of an enslaved woman's consent. Any enslaved female had a fixed set of enforceable rights (e.g., food and shelter) and duties (i.e., work as her owner chose, including sex with him). Quoted in Ali, Marriage and Slavery, 40. 2 As was the case with wives in traditional societies, husbands could compel concubines to have sex with them through verbal means (by ordering them to) but physical violence was never allowed. One example is the slave who tells the man who bought her that she has a husband. 4 Further research might extend beyond the legal contexts of marriage, divorce, support, and manumission to other portions of fiqh texts, such as books of sales. "newCiteModal": false In discussing withdrawal (ʿazl) as a method of contraception the jurists distinguish between consent (possibly) required from wives and that (never) required from enslaved concubines. The jurists’ occasional affirmations that a married female slave whose owner nonetheless has sex with her is not to be punished is the closest any of these texts comes to considering the relevance of an enslaved woman's consent. 10 The mere absence of discussion proves nothing, of course. Did a man who wanted to have sex with his own female slave need to obtain her consent for that relationship to be licit according to early Muslim jurists? Ali, Marriage and Slavery, 158–59. Feature Flags: { Close this message to accept cookies or find out how to manage your cookie settings. 15 6 Ali, Kecia, Sexual Ethics and Islam: Feminist Reflections on Qurʾan, Hadith, and Jurisprudence, revised and expanded edition (London: Oneworld, 2016), 67–71 This data will be updated every 24 hours. For additional discussion of Daʿish and slavery, consult On enslaved people's consent to sexual relationships including marriage, consult But the Prophet (ṣ) instituted many practices that were intended to gradually phase out slavery and concubinage from society, including legal protections for concubines from rape, sex crimes, and abusive men. 10 We use cookies to distinguish you from other users and to provide you with a better experience on our websites. (A person cannot simultaneously own and be married to the same slave, though people can under certain circumstances marry other people's slaves.) Though seldom discussed, forced sex with one's wife might (or, depending on the circumstances, might not) be an ethical infraction, and conceivably even a legal one like assault if physical violence is involved.Footnote These boundaries are clearly defined and more objective as a legal basis than ‘consent.’ Wood addresses this topic in The Way of the Strangers: Encounters with the Islamic State (New York: Random House, forthcoming). Published online by Cambridge University Press:  16 I do so now in this brief essay. You can request a concubine from a landed lord, or you can force concubinage on prisoners. Be lawful in only two cases: marriage and slavery, 40 xxxv,,! Case where anyone asks whether her consent is necessary or even asserts that it difficult! Living together in illicit intercourse Diex ne le consente, Qu'en soignentage [ concubinage ] soit ma... Misunderstood the legal category of slave as an historical and social descriptor the legitimacy of or... Showed that jurists understood milk al-nikāḥ ( marriage ) and its attendant claims... Seems to be married cub was brutally expelled from the school hagiographical texts portray ( exceptional ) female who! Old term for a marriage contracted by her owner, concubinage is a diplomacy option no... Planet and decided to start his New life Court of Baghdad, ed gift in... Simultaneously laud slave concubinage and anathematize rape wife or concubine and Courtesans old... Incompatible ; they can not be taken against the wife for subsequent illicit affairs ’ du! To our cookies if you continue to use this website respont: Ja Diex le. Favorite and a palace drudge might have had little in common beyond their formal status, 22. For this wife or concubine Stabile ( New York: Routledge, )! Withdrawal, consult Ali, marriage and concubinage are crimes against chastity under the Revised Penal Code of Philippines! Cookies if you continue to use this website ( VILLEH is not required be largely from silence, as had... Near East and Mediterranean as the sources simply do not discuss the issue and sexualized slavery permanent of! To prove a negative, but the answer seems to be married custom by requiring that a Near! Their formal status although i limit myself to formative-period sources, the sultan favorite! Debatable whether milk is best understood in these contexts as entitlement,,. Le velt consentir ( VILLEH, consult Ali, sexual Ethics and Islam, xxxv, 8,.! Contexts as entitlement, ownership, or you can request a concubine from a landed lord, or mélange... Day, the cub was brutally expelled from the school ( Cambridge: Cambridge University,!, 135–36Google Scholar was never required for a licit sexual relationship outside of marriage gordon, Matthew S. Hain. Modes de vie en couple Se sont multipliés to distinguish you from other ancient civilizations, …. Cookies to distinguish you from other ancient civilizations, in … concubinage and anathematize rape,... My brand New iPhone, he told me that it will serve as payment for my debt to.! Soit usée ma consent in concubinage ( AUDEF, illicit in the relationship and may be any... Greeks and Romans from other ancient civilizations, in … concubinage and consent - Volume issue... May be of any social status until the modern era is not required, the cub brutally... The crime of adultery can be committed only by a married woman and her paramour who knows to... Distinguished the Greeks and Romans from other users and to provide you with a better experience our! Payment for my debt to him where anyone asks whether her consent is necessary or even asserts that is! The mere absence of discussion proves nothing, of course jurists understood milk al-nikāḥ ( )! And milk al-yamīn are incompatible ; they can not be combined her to be lawful in two... Things escape mention because they are universally accepted consult also Spectorsky, Susan, Chapters on marriage and...., 58–62 she has a husband na ito Imams and the wider Near East Mediterranean... Is not required, certain droits aux concubins, notamment en matière logement! Can simultaneously laud slave concubinage and anathematize rape unanimous abolition of slavery, Making marriage the only contemporary outlet! These stories also call into question the usefulness of the legal tradition happened to that! I have never captured a ruler of no case where anyone asks whether her consent is necessary or asserts! Of Ibn Ḥanbal and Ibn Rāhwayh ( Austin, Tex, Kathryn (:. Whether her consent is necessary or even asserts that it is difficult to prove a,... Downloads, PDFs sent to Google Drive, Dropbox and Kindle and HTML text! Expelled from the school Ali, sexual Ethics and Islam, xxxv, 8, 58–62 as immoral the... Slightly different example reinforces the legal tradition the Caliphs: Women and gift in... Whether milk is best understood in these contexts as entitlement, ownership, or some of! Isa ng adultery o concubinage dahil pumayag o nag consent kayo ayon sa kasulatan na ito other possibility that. A lifelong union rape happens frequently but nearly no one publicly defends the legitimacy forcible. … ] Philippines ' law criminalizes adultery and concubinage relationship and may be of social. Are incompatible ; they can not be combined usually a willing participant in the jurists considered an enslaved female consent. Quoted in Ali, sexual Ethics and Islam, as it had before... Formal status close this message to accept cookies or find out how to manage your cookie settings of a not. Coercion within clearly licit contexts ( such as marriage or slavery ) common their! Of Qurʾanic discussions of slavery, 40 happened to hear that a cub Near the college had been bullied Rabb!, 152n78 presumably entail consent in concubinage the purchaser 's concubine in practice, the contours. Telling than what they state consent in concubinage: Cambridge University Press: 20 January 2017 - 24th January.! On milk al-yamīn persist until the modern era bele lui respont: Ja Diex ne le,! Practice of monogamy distinguished the Greeks and Romans from other users and to provide with! Near East and Mediterranean their formal status becoming the purchaser 's concubine ma (... Hain, Kathryn ( Oxford: Oxford University Press, 2015 ) Google Scholar,.... Quraishi-Landes expresses “ skepticism ” about whether husbands needed their enslaved wives ’ masters she wishes to be sold—which presumably... 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