Concubine in Islam
Etymology and Translation
- Arabic: سرية (Surrīyah), plural سراري (Sarārī)
- Turkish: Cariye
The term “concubine” in the Islamic context is derived from the Arabic word surrīyah (سرية), with its plural form being sarārī (سراري).
Historical Context and Religious Framework
Qur’anic Basis
In Islam, concubinage, specifically refers to sexual relations with a female slave, provided she is not a free Muslim woman. The Qur’an makes reference to this practice in Sūrah An-Nisā’ [4:24]:
<p>“(Unlawful) to you are married women, except those whom your right hands possess (i.e., taken in war, or purchased slaves)…”</p>
Rooted in these religious texts, the practice was historically significant as a means by which female slaves were integrated into Muslim households.
Prophetic Example
The practice also finds its justification and limitation in the actions of Prophet Muhammad. Historical accounts record that he accepted Rīḥānah the Jewess and Maria the Copt as his concubines. Such precedents set a contextual framework for subsequent legal rulings on concubinage.
Legal Aspects in Islamic Law
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Means of Acquisition: According to Islamic jurisprudence, a concubine must either be:
- Taken as a captive in warfare.
- Purchased legitimately through trade.
- A descendant of existing slaves.
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Release through Childbearing: If a concubine bears her master a child, both she and her offspring attain freedom automatically ("umm walad" status).
Comparison with Mosaic Law
The concept of concubinage under Islamic law can be contrasted with that under Mosaic law. For instance:
- Islamic Law: Specifically prohibits concubinage with free Muslim women, focusing instead on captives and slaves.
- Mosaic Law: Allows for concubinage with Hebrew women sold by their fathers, as well as Gentile captives taken in war, and legislates their rights and conditions (Exodus 21, Deuteronomy 21).
Shi’ite Tradition: Mut’ah (Temporary Marriage)
Amongst the Shi’a Muslims, a related but distinct practice is mut’ah, or temporary marriage, which critics argue exhibits elements akin to concubinage through its contractual and temporal nature.
Recommended Books for Further Study
- “Slavery and Islam” by Jonathan A.C. Brown
- “Women and Gender in Islam: Historical Roots of a Modern Debate” by Leila Ahmed
- “Concubines and Courtesans: Women and Slavery in Islamic History” by Matthew S. Gordon and Kathryn A. Hain
- “Islamic Law and Society” by Wael B. Hallaq
Key Takeaways
- Religious Endorsement: The practice of concubinage in Islam is grounded in the Qur’anic scripture and the governance of Prophet Muhammad.
- Judicial Constraints: Distinct conditions under Islamic jurisprudence regulate the acquisition and rights of concubines.
- Comparative Religious Approaches: The Islamic approach to concubinage shows both similarities and differences when compared to the Mosaic laws in the Hebrew Bible.
- Cultural and Social Evolution: Historical practices and their ethical assessments continue to evolve with contemporary interpretations and human rights perspectives.
Conclusion
The concept of concubinage in Islamic tradition provides a multifaceted look into the interplay between religious texts, legal stipulations, and historical applications. While it remains a topic for critical historical study, modern Muslim societies largely view such practices within historical confines, as broader human rights frameworks redefine current social norms.
