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Compassionate Islam and Ma malakat aymanukum (Right hand
holds) T.O. Shanavas. MD [Author is a native of
Kerala, India, but is now based in the USA. He is the author of “Islamic
Theory of evolution of Evolution The Missing Link Between
Darwin and The Origin of Species.” Co-author of the book, And God Said,
"Let There Be Evolutiopern!":
Reconciling The Book Of Genesis, The Qur'an, And The Theory Of Evolution. Edited by Prof. Charles M. Wynn and Prof. Arthur W. Wiggins.
He can be contacted at shanavas@comcast.net] The phrase “Ma malakat aymanukum” in Surat
Al-Ma`ārij:
30-31 and other verses is translated as “And those who guard their
private parts, except from their spouses or those their
right hands possess.” Most classical exegetes and contemporary Muslim
scholars explained that “Ma malakat aymanukum” means slaves and ruled that Shariah
permits free sex with slave girls. According to
Muhammed Asad, most of the classical commentators
assume unquestioningly that Ma malakat aymanukum stands
for slaves and it is permissible to have free sex with them. He continues,
“This conventional interpretation is, in my opinion, inadmissible inasmuch as
it is based on the assumption that sexual intercourse with one's female slave
is permitted without marriage.” So, he translate "Ma malakat aymanukum" to “those whom they
rightfully possess [through wedlock). I mostly agree with Muhammad Asad
with few modifications and but emphatically disagree with the universal Muslim passive
acceptance of the ruling by traditional Muslim scholars on unlimited free sex
with slave women. A close study of the
Qur’anic phrase, "Ma malakat
aymanukum" and the history of the marriage
practices during the life of Prophet Muhammad (s) yield a companionate Islam. "Ma malakat
aymanukum" means the “women under contract
in temporary marriages but not equal to wife of traditional marriage.” such
marriages were very common during Jahilliah (pre-Islamic time)
and also most of Prophet’s (s) lifetime. The temporary marriage was forbidden
by Prophet (s) during the Khyber war or by Ummer ibn Kathab (ra) as stated in this
Hadiths: HADITH, BUKHARI Book #59, Hadith #527 “Narrated 'Ali bin Abi Talib: On the day of Khaibar,
Allah's Apostle forbade the Mut'a (i.e. temporary marriage)
and the eating of donkey-meat.” HADITH, MUSLIM Book
#007, Hadith #2874 "Abd Nadra reported: While I was
in the company of Jibir, a person came and said: There
is difference of opinion among Ibn Abbas and Ibn Zubair
about two Mut'as (benefits, Tamattul
in Hajj and temporary marriage with women), whereupon jibir said: We have been doing this
during the lifetime of Allah's Messenger (way peace be upon him), and
then 'Umar forbade us to do so, and we never resorted
to them” The following characteristics
of true believers, as laid out by the Quran and those Hadiths compatible with
the Quran, discredit the fatwa
of traditional scholars on free sex with slaves. 1. Keep chastity outside marriage. 2. Accept sex outside marriage: a sin 3. Cannot be a fornicator 4. Cannot claim to be a adulterer and believer simultaneously 5. Raise slave girl/boy as the way he/she
raise her own kids. 6. Will marry a slave woman or man instead
of fornicate her/him or keep as concubine. 7. Will remain celibate if he has no means
to give Mahr.
8. Will not approve or practice
prostitution 1. Chastity is a characteristic of male and
female believers: Indeed, the Muslim men and Muslim women, the believing
men and believing women, the obedient men and obedient women, the truthful men
and truthful women, the patient men and patient women, the humble men and
humble women, the charitable men and charitable women, the fasting men and
fasting women, the men who guard their private parts
and the women who do so, and the men who
remember Allah often and the women who do so - for
them Allah has prepared forgiveness and a great reward. (33:35) 2. Sex outside marriage is sin. Quran 17:32 “And come not near to unlawful
sex. Verily, it is a Faahishah
(i.e. anything that transgresses its limits: a great sin, and an evil way that
leads one to hell unless Allaah Forgives
him)” Quran 24:2-3 “The
[unmarried] woman or [unmarried] man found guilty of sexual intercourse - lash
each one of them with a hundred lashes,..The woman and
the man guilty of illegal sexual intercourse, flog each of them with a hundred
stripes….” Narrated
by al-Bukhaari (2475) and Muslim (57). “And
the Prophet (peace and blessings of Allaah be upon
him) said: “No adulterer is a believer at the
time when he is committing adultery” Narrated by al-Bukhaari
(2475) and Muslim (57). 3. Believers cannot be adulterers and
vice versa The
fornicator does not marry except a [female] fornicator or polytheist, and none
marries her except a fornicator or a polytheist, and that has been made unlawful to the believers.” 24:2-3. 4. BELIEVERS: Impossible to be a
fornicator and believer simultaneously Quran 83:1-4 “Woe
to those... who, when they have to receive by
measure from men, they demand exact full measure,
but when they have to give by measure or weight
to men, give less than due” "None of you [truly] believes
until he wishes for his brother what he wishes for himself." Nawawi Hadith Narrated Anas: The
Prophet said, "None of you will have faith till he
wishes for his brother what he likes for himself." So a believer cannot desire one thing
for his wife or husband or children, the opposite for unrelated family. 5.
Treatment of slave girls by believer “Narrated Abu Musa: Allah's Apostle
said, "He who has a slave-girl and educates
and treats her nicely and then manumits and marries her, will get a double
reward." 6. Marriage relationship with slave,
not with concubine. “And marry the unmarried among you and the
righteous among your male slaves and female slaves. …” (24:32) 7. Believers without
financial means must remain celibate and not to force slaves for sex. Quran 24:33 And let those who find not the financial means for marriage keep
themselves chaste, until Allah enriches them of His Bounty. And such of your slaves as seek a writing (of emancipation), give
them such writing, if you know that they are good and trustworthy. And give
them something yourselves out of the wealth of Allah which He has bestowed upon
you…..” 8. Believer cannot be a flesh-peddler Quran 24:33 “……And force not your maids to prostitution, if they desire
chastity, in order that you may make a gain in the (perishable) goods of
this worldly life. But if anyone compels them (to
prostitution), then after such compulsion, Allah
is Oft-Forgiving, Most Merciful (to those women, i.e. He will forgive them
because they have been forced to do this evil action unwillingly). |
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