GREAT DEBATE : IS JAMAT DEMOCRATIC?

A debate between S A Hannan and Fatemolla

Published on September 30, 2007

 

Abul Ala Maudoodi, Tafhim-ul-Quran, Chapter 4, p. 340. Tarjumanul Quran

Publishers, Lahore, 1951

http://www.tafheemulquran.org/Tafhim_u/004/surah_all.htm 

"Those women who come as captives during war, while their kaafir (non-Muslim) husbands still exist in the the "dar ul harb,"( the non-Muslim country with which Muslims are fighting, or the "home of war"), are not "haraam" (prohibited) for you (for sexual intercourse). The reason is that as soon as these women crossed over from "dar ul Harb" to the "Dar ul Islam" (the Muslim country), their marriage contract with their husbands became null and void. You can either marry such women or if your right hand possesses these women, you can also take advantage (have sexual intercourse) of them. However, there is a difference of opinion among the scholars in case both husband and wife are captured together. Imam Abu Hanifa says that the marriage of the (non-Muslim) husband and wife will remain intact, while Imam Maalik and Imam Shafi'i their the marriage contract is void.

There are some misunderstandings in the minds of people regarding taking advantage of (having sexual intercourse with) concubines. Therefore the

following principles must be properly understood.

1. Every Muslim soldiers does not have a right to have sex with captured women prisoners. In fact, according to Islamic law, such women should be handed over to the government. It is then the right of the government to decide whether to release these women, take compensation from them, or exchange them for Muslim prisoners of war in enemy hands. Or, if the government so wishes, it can distribute these non-Muslim women among the the Muslim troops. A soldier can have sexual relationships with only the women that he has got possession from the government.

2. After taking possession of this woman, a soldier should not have sex with her until after she has had her monthly periods and it is clear that the woman is not pregnant. To have sex with the captured woman prior to her

periods is "haraam" (prohibited).

3. It is not true that the captured soldiers can have sex with captured

woman only if they are "Ahl al Kitaab" (Christian or Jews). No matter what the religion of the non-Muslim captured woman, a Muslim soldier has the

right to have sex with her if he has been given possession of her.

4. If the captured woman becomes pregnant and gives birth to a child, she cannot be sold. And when her owner dies, this woman will get back her freedom.

5. If the owner of this woman allows this woman to marry someone else, he will continue to have the right on her to perform all duties other than sex.

6. Although sharia restricts Muslim men to have no more than four wives, no such restriction exists on the number of concubines he can have. However, the absence of a restriction on the number of concubines was not there to enable rich men to buy again and again innumerable concubines and turn their homes into centres of debauchery. Instead, the fact is that a lack of limiting the number of concubines a Muslim was due to the uncertainty of the conditions of war.