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Concubinage, Rape, and ‘Sexual Slavery’ in Islam with Justin Parrott (2022-11-03)

## Description

‘Custodianship of the Right Hand: Concubinage, Rape, and ‘Sexual Slavery’ in Islam’ https://www.abuaminaelias.com/custodianship-of-the-right-hand/

Thumbnail: A "cariye" or Ottoman concubine, painting by Gustav Richter (1823-1884) https://en.wikipedia.org/wiki/Concubinage#/media/File:Odalisque_(Boston_Public_Library).jpg

Summary of Concubinage, Rape, and ‘Sexual Slavery’ in Islam with Justin Parrott

*This summary is AI generated - there may be inaccuracies. *

00:00:00-01:00:00

discusses the Quran's view of concubinage, rape, and "sexual slavery." argues that the Quran does not condone rape, and that slaves should be treated humanely. It also discusses the different types of slavery in history, and how slaves in Islam were considered equal to believers.

00:00:00 Justin Parrott argues that rape is not condoned in Islam, and that slaves should be treated humanely.

  • 00:05:00 Islam abolished slavery and concubinage, making them functionally obsolete. Slavery was once universal, but it has since been abolished in most Muslim countries. Concubineage was also a prevalent practice, and it is still practiced in some places.
  • 00:10:00 Justin Parrot describes how the ideal of slavery in Islam is very different from the experience of slavery in America, which is based on race and is abusive. He cites a quote from an Imam from the 11th century that says that a slave is of the same species as a free person.
  • 00:15:00 Islam recognizes that consent is key to ensuring that sexual activity is legal, and concubinage and rape are considered to be instances of consent-less sex. In early Islam, concubinage and rape were considered to be instances of coercion, and the woman was not punished if she did not consent. However, with the rise of feminism, consent has become a more subjective concept, and today, a woman can be raped even if she consented to sex beforehand.
  • 00:20:00 Justin Parrott provides detailed historical evidence from early sources that rape was condemned and the rapist was punished, and that the woman is not punished if she is raped. He also points out that consent is a problematic issue in Islamic law, and that slaves were elevated to a level of equality with their masters by the Prophet Muhammad.
  • 00:25:00 Discusses the Quran's view of concubinage, rape, and "sexual slavery." points out that the term "slaves" in the Quran refers to those who are under the care of the master, or custodian. This differs from the definition of slavery in the Western world, which is a brutal racial institution. argues that the term "custodianship of the right hand" is the most appropriate translation for the Quran's view of concubinage, rape, and "sexual slavery."
  • 00:30:00 Discusses the Quran's allowance for masters to free slaves who have fulfilled certain conditions. It also discusses how different types of slavery in history were different, and how slaves in Islam were considered equal to believers.
  • 00:35:00 Discusses the history of Islam and its practice of slavery. Muslims were enslaved and taken to the United States against their will, and many of these slaves were Muslims. The number of enslaved Muslims is said to be in the millions. Islam makes it clear that slave masters will not go to paradise, and concubines had rights and were not abusive.
  • 00:40:00 Discusses the classical jurists' views on concubinage, rape and "sexual slavery" in Islam. The jurists analogized marriage and concubinage, understanding that there is a spiritual compatibility between those in a marriage. They also recognized that sex is a mutually pleasurable activity, contrary to the idea that a custodian would be raping his concubine. This understanding of masculinity is important, as it shows that traditional Islamic views on masculinity were likely influenced by the scholar's understanding of traditional Islamic masculinity.
  • 00:45:00 Islam recognizes the importance of masculinity and the honorable qualities that go along with it. Sexual abuse or coercion against a woman is considered unlawful, and violators can be subject to punishment, including physical punishment.
  • 00:50:00 Justin Parrott discusses the prohibition of sexual harm against women in Islam, including rape. He also cites examples of concubinage, rape, and punishment of rapists in Islamic history.
  • 00:55:00 Justin Parrott discusses classical texts which do not condone consenting to intercourse with a concubine, stating that this is understood to be bad behavior. He also quotes Kesha Ali, a feminist Muslim academic, who disagrees with him.

01:00:00-01:20:00

Justin Parrott discusses the different interpretations of concubinage, rape, and "sexual slavery" in Islam. He argues that while these concepts are not exactly equivalent to marriage, they are similar in many ways and have certain rights associated with them. He also provides a historical context for these concepts, citing Jonathan AC Brown's book, "Slavery and Islam."

01:00:00 Justin Parrott discusses the misinterpretation of texts in regards to concubinage and rape in Islam, citing a Hadith which condemns the practice. He argues that the details omitted from the Hadith render it unenforceable, and cites examples of how Muslims have been more respectful to women than their previous culture.

  • 01:05:00 <>
  • 01:10:00 Justin Parrott discusses the differing opinions on concubinage, rape, and "sexual slavery" in Islam. He notes that the Quran and Prophet Muhammad encourage Muslims to marry and free slaves, and that if a slave woman is treated well, she can be married and elevated in status.
  • 01:15:00 Justin Parrott discusses Islam's view of concubinage, rape, and "sexual slavery." He points out that while these relationships are not exactly equivalent to marriage, they are similar in many ways and have certain rights associated with them. He also provides a historical context for these concepts, citing Jonathan AC Brown's book, "Slavery and Islam."
  • 01:20:00 Justin Parrott discusses concubinage, rape, and "sexual slavery" in Islam. He explains that these concepts are central to the religion, and that they are used to control and dominate women.

Full transcript with timestamps: CLICK TO EXPAND

0:00:02 hello everyone and welcome to blogging
0:00:05 theology today I'm delighted to talk
0:00:07 again to Justin Parrott you're most
0:00:09 welcome sir
0:00:11 assalamualaikum thank you I'm happy to
0:00:13 be here as always welcome assalam and
0:00:15 for those who don't know uh Justin is
0:00:17 currently research librarian for Middle
0:00:20 East studies at New York University in
0:00:23 Abu Dhabi and research fellow for the
0:00:25 yakin institute for Islamic Research
0:00:29 he embraced Islam in 2004 at the age of
0:00:32 20 and he studied Islam from a
0:00:35 traditional perspective with local
0:00:36 Scholars and imams
0:00:39 now he's the author of a highly
0:00:42 significant article with a long title
0:00:44 that goes like this custodianship of the
0:00:47 right hand
0:00:49 concubineage rape and sexual slavery in
0:00:52 inverted commas in Islam and I'll link
0:00:56 to it in the description below and I do
0:00:58 recommend you have a look uh at this in
0:01:00 detail
0:01:01 but uh Justin would you like to
0:01:03 introduce us to the main themes of your
0:01:06 article please
0:01:07 uh yeah
0:01:09 um
0:01:17 um so the the impetus or the reason that
0:01:21 I wrote the article is because I get
0:01:22 this question all the time uh about
0:01:25 concubines and rape and that's something
0:01:28 that
0:01:29 the anti-islam crowd often accuses us of
0:01:34 of legitimizing rape and everything like
0:01:36 that and I started researching this
0:01:39 topic uh at the height of Isis when they
0:01:43 declared their caliphate in Iraq in
0:01:47 Syria and they were taking
0:01:50 um the yazidis I think as slaves and
0:01:53 then you know abusing them in very
0:01:55 horrible ways and then uh there were
0:01:58 people saying this is what Islam teaches
0:02:00 and there was there was even an Israeli
0:02:02 academic who sat there following Islamic
0:02:04 law exactly and all of that was just
0:02:07 completely untrue and it was it it was
0:02:09 uh atrocious it was a tragedy that that
0:02:13 they were doing that
0:02:15 um so I started at that time collecting
0:02:18 sources to
0:02:20 um refute that notion and
0:02:24 um eventually I wanted to write it into
0:02:25 a longer academic article and I I wrote
0:02:29 the article I did most of the research
0:02:31 but a lot of my colleagues did review it
0:02:35 um but we ended up not publishing it for
0:02:37 whatever reason
0:02:39 um so it's on my website and it's on my
0:02:41 faculty archive and you can find it
0:02:44 there uh but that was that was the
0:02:47 reason why I wrote the article
0:02:49 and
0:02:51 um basically I set out to prove uh that
0:02:56 rape is Haram in Islam and
0:03:00 um abusing
0:03:02 women is Haram and abusing even abusing
0:03:06 slaves is Haram
0:03:08 and all of those things and there's uh
0:03:10 according to the principles of Islamic
0:03:12 law they establish established
0:03:14 principles like
0:03:16 there's no harm or reciprocating harm
0:03:20 um for all those reasons you know it
0:03:22 it's just
0:03:24 is absurd to me that that people could
0:03:28 claim that rape is permissible at Islam
0:03:32 um so that was the reason why I wrote it
0:03:35 and that was the main thing and then we
0:03:36 had to go and to get to that
0:03:41 uh the center of that argument had to go
0:03:43 through several things first I did first
0:03:45 talk about slavery and conceptualize
0:03:47 that and then we had to talk about
0:03:51 um what is the legal punishment for rape
0:03:53 and Islam and what are the sources for
0:03:55 that
0:03:57 um and then uh how are slaves supposed
0:04:00 to be treated
0:04:02 um and then what what is the nature of
0:04:05 a concubine is she a piece of property
0:04:08 no uh is she similar to a wife yes not
0:04:13 entirely but yes there's a lot of
0:04:16 similarities between a concubine and a
0:04:19 wife legal legally and the jurists made
0:04:22 that point
0:04:24 um
0:04:25 and that a concubine was the exclusive
0:04:28 partner of a single man so he couldn't
0:04:30 share his concubine with others and even
0:04:34 even a wife if she owned a female slave
0:04:37 she couldn't share her with
0:04:39 her husband because that would that
0:04:42 would be considered adultery and that
0:04:45 prostitution was illegal forcing women
0:04:47 into prostitution is illegal
0:04:50 um the prophet salallahu he encouraged
0:04:52 us to free slaves the quranists and the
0:04:55 free the pr the free praise the freeing
0:04:58 of slaves and never praises the
0:05:01 acquisition of slaves and that slavery
0:05:05 uh slave New Slaves could only be
0:05:07 acquired as prisoners of war or if they
0:05:10 were already slaves they could be
0:05:12 purchased
0:05:15 so those are the only way that
0:05:17 um slaves could be acquired and then
0:05:19 there were a lot of incentives to free
0:05:21 slaves
0:05:23 um and
0:05:26 the Quran itself but these incentives
0:05:28 and encouragements to for emancipation
0:05:31 of slaves is a frequent quranic uh
0:05:35 injunction and and some beautiful verses
0:05:37 to that effect
0:05:39 yes absolutely
0:05:40 so um so that's like the whole breadth
0:05:43 of the whole article
0:05:45 um and then we can go through the the
0:05:49 different sections piece by piece if
0:05:51 you'd like please okay so I started out
0:05:55 by saying first that slavery is
0:05:58 functionally abolished in the Muslim
0:06:00 world and what I mean by that is that
0:06:02 all of the Muslim countries have signed
0:06:07 the UN slavery convention right and
0:06:11 slaves cannot be acquired as individuals
0:06:15 like if slaves were going to be acquired
0:06:17 they would be prisoners of war and then
0:06:20 the commander or the ruler would assign
0:06:22 a slave to this family this family this
0:06:25 family and now there's no Muslim country
0:06:27 in the world that will do that for you
0:06:30 so there's no way to acquire acquire
0:06:32 slaves legally
0:06:33 in Islam anymore right and there's this
0:06:38 is consistent with a principle
0:06:41 in Islamic law called
0:06:45 uh which is the Restriction of what is
0:06:47 permissible
0:06:49 um for the sake of a greater benefit so
0:06:51 that's the legal principle
0:06:54 um at play here because as as we said uh
0:06:57 freeing slaves is a good deed it's
0:07:00 recommended it's even obligatory in some
0:07:02 cases and the acquisition of slaves was
0:07:05 always a permissible thing because even
0:07:07 if you had prisoners of War you didn't
0:07:09 have to keep them as prisoners of War
0:07:12 you had the option to send them free if
0:07:15 the ruler determined that that was the
0:07:17 best course of action
0:07:19 um but this is what I mean when I say
0:07:21 slavery is functionally abolished
0:07:23 because there's just no way to legally
0:07:25 acquire slaves uh in Islam anymore
0:07:30 not only because of the UN treaty but
0:07:32 also because of the the the the
0:07:34 classical framework of Islamic law
0:07:37 there's no conditions for which slaves
0:07:40 could be acquired anymore
0:07:42 and if there can be no if functional if
0:07:45 slavery is functionally abolished then
0:07:48 concubineage is also functionally
0:07:50 abolished and just so
0:07:53 the listeners understand a concubine was
0:07:57 a female slave who had a sexual
0:08:00 relationship with the the master
0:08:02 and she can have children for him and
0:08:05 then she would become um and he couldn't
0:08:07 sell her off she couldn't be separated
0:08:09 from her child uh like that and then
0:08:12 when the master died she would be set
0:08:15 free
0:08:16 so it was kind of a way to raise her
0:08:18 status if she was taken as a concubine
0:08:21 like that
0:08:23 um
0:08:24 and I got in a lot of trouble with some
0:08:26 Muslims because I was I was making the
0:08:28 argument that slavery is functionally
0:08:30 abolished and they say how could you say
0:08:32 that you know slavery exists in the
0:08:36 classical Islamic law how can you come
0:08:38 and say it's Haram I'm saying that
0:08:41 there's no there's no Halal way to
0:08:43 acquire slaves anymore so it's
0:08:45 functionally abolished right
0:08:48 so that was my argument
0:08:51 um then I talked a little bit about the
0:08:53 uh concubineage like throughout the
0:08:56 world so slavery as we know it was a
0:09:00 virtually Universal institution until
0:09:04 the last 200 years or so when the
0:09:07 abolition abolition movement succeeded
0:09:09 so every nation had slaves uh and then
0:09:13 if they had slaves then they had
0:09:15 concubines right so slavery and
0:09:17 concubineage it was the universal
0:09:20 institution or virtually Universal
0:09:22 institution all over the world
0:09:25 um and even uh as recently as the
0:09:28 founding of the United States Thomas
0:09:30 Jefferson who was the third president of
0:09:32 the United States he had a concubine
0:09:35 himself her name was Sally Hemmings so
0:09:38 um Islam didn't invent slavery and Islam
0:09:41 didn't invent concubineage Islam was
0:09:44 revealed in a context where these things
0:09:46 were ubiquitous and were everywhere and
0:09:50 then Islam instituted rules that
0:09:52 mitigated the harms of slavery and then
0:09:55 kind of set us toward a path towards
0:09:57 abolition because there were many many
0:09:59 ways to free slaves and there are very
0:10:01 few ways to acquire slaves and I'm not
0:10:04 saying that Muslims lived up to that
0:10:06 ideal because in history we know they
0:10:09 didn't right but I'm saying the ideal
0:10:12 was if you are really following the
0:10:14 teachings of the prophet salallahu
0:10:15 alaihi wasallam and what the Quran says
0:10:17 you know in in your freeing slaves and
0:10:21 freeing slaves and freeing slaves as you
0:10:23 should and then you're acquiring slaves
0:10:25 in in this very narrow sense uh that
0:10:28 would that would lead to the weakening
0:10:30 and eventually an eventual abolition of
0:10:33 the institution of slavery
0:10:41 just to illustrate uh one of one of the
0:10:44 points you're making
0:10:46 um and it is titled here the challenging
0:10:48 path of good you know it's quite
0:10:49 challenging to be a good person and do
0:10:51 right actions and verse 11 of chapter 90
0:10:54 says If Only They had attempted the
0:10:57 challenging path of goodness instead and
0:11:00 what will make you realize what
0:11:02 attempting in the challenging path is so
0:11:04 what is this changing path that we
0:11:06 should have we should do and the first
0:11:08 thing it says it is to free a slave it's
0:11:12 right at the top there and it goes on or
0:11:14 to give food in times of famine to an
0:11:16 orphan relative or to a poor person in
0:11:19 distress and above all to be one of
0:11:21 those who have faith and urge each other
0:11:23 to the perseverance and urge each other
0:11:26 to compassion these are the people of
0:11:30 the right you know of the right action
0:11:32 so we're at the top of the list of good
0:11:34 actions and is challenging no one's
0:11:36 saying it's easy to do is to be a slave
0:11:39 is that important and this is a really
0:11:41 early meccan chapter it says right at
0:11:44 the beginning of the prophet's Ministry
0:11:45 and this is what he was preaching to uh
0:11:47 the meccans obviously right at the
0:11:49 beginning so I just wanted to share that
0:11:50 yep absolutely that's a wonderful verse
0:11:54 I think I cited that I don't remember
0:11:55 yeah
0:11:57 link to in the description below folks
0:11:59 so do click on it have a read
0:12:01 I I should have cited it because that's
0:12:03 a wonderful verse and what a wonderful
0:12:04 Sora
0:12:06 um
0:12:07 so
0:12:08 yes so um and then
0:12:11 um I make the point that slavery in
0:12:14 Islam at least according to the ideal
0:12:16 was unlike the channel
0:12:19 American slavery which was based on race
0:12:22 and which was based on kidnapping
0:12:26 um and um you know uh John Dr Jonathan
0:12:29 Brown wrote that excellent book that you
0:12:32 showed me earlier slavery and Islam
0:12:34 that's a very good book
0:12:36 this is the standard text uh on the
0:12:40 subject written by an American academic
0:12:42 uh it's been highly praised by uh
0:12:44 historians for uh its accuracy and so on
0:12:47 I do recommend that it's it's very
0:12:49 exhaustive uh as a reference to Justin
0:12:51 Parra in there of course and it's like
0:12:53 it's like the article which is linked to
0:12:55 but a much more expanded version of all
0:12:57 the historical details included so I do
0:12:59 we both Justin I know told me he
0:13:01 recommends his book as well to do if
0:13:03 you're not got hold of you do get a copy
0:13:05 it's actually really readable it may
0:13:07 sound dry well it doesn't to me but if
0:13:09 it did it's actually very uh very
0:13:11 reading very compelling and he writes
0:13:13 very well does Jonathan
0:13:15 yes uh that that's an excellent book he
0:13:18 I did hand him a reference and he did
0:13:21 credit me in the back of the book so I'm
0:13:23 happy about that and then Dr Brown also
0:13:26 did uh review the paper that we're
0:13:28 talking about uh this paper on concubine
0:13:31 Edge so he helped me a lot a lot out
0:13:33 with uh this this article as well so I
0:13:36 want to thank him for that
0:13:39 um but uh but like as we said so slavery
0:13:43 in Islam
0:13:45 um according to the ideal was unlike the
0:13:47 chattel American slavery uh which is
0:13:50 based on race and which was very abusive
0:13:52 and
0:13:53 um things like that
0:13:56 um and and that's the experience that
0:13:59 Americans have with slavery is they have
0:14:01 this very very negative
0:14:03 uh view of it understandably but it you
0:14:06 know it didn't exist like that
0:14:08 everywhere in the world
0:14:10 and in Islam there were you know slaves
0:14:12 had rights they couldn't be abused they
0:14:14 were allowed to own property they were
0:14:16 allowed to marry
0:14:18 um and uh they they wouldn't be educated
0:14:22 um and and other things like that
0:14:25 um and I do I mentioned a quote by an
0:14:28 Imam uh
0:14:30 in the 11th century where he makes an
0:14:34 analogy between a free person and a
0:14:36 slave person and he says that they are
0:14:38 the same Gents and gents could mean the
0:14:42 legal category but we also use it to
0:14:44 mean species so he was saying that the
0:14:49 um the free person and the slave person
0:14:51 are of the same species and so the
0:14:53 ruling he was talking about applied both
0:14:55 to free people and enslaved people
0:15:00 um so there was this qualitative
0:15:02 difference
0:15:03 um
0:15:04 between how slavery was at least uh
0:15:07 practiced at the time of the prophet
0:15:09 sallam and how it was practiced in
0:15:12 America which is entirely different
0:15:16 um then I mentioned that uh consent is
0:15:21 the modern
0:15:22 uh legal
0:15:25 criteria for what makes sex illegal
0:15:30 um because you know in the past you know
0:15:32 you were married it was legally
0:15:34 recognized and therefore sexual
0:15:36 relations became legal
0:15:39 on the basis of that marriage contract
0:15:41 and uh for concubines and Islam
0:15:44 concubines also had this kind of
0:15:46 contractual recognition
0:15:49 as I said before a man couldn't just
0:15:51 share his concubine with whoever he
0:15:53 wanted he couldn't prostitute her even
0:15:55 force her in a prostitution
0:15:58 um and so they had this contractual
0:16:00 relationship kind of is similar to
0:16:03 um a marriage right
0:16:06 uh but the modern world in the last
0:16:09 hundred years or less uh since they've
0:16:12 gotten away with
0:16:13 uh they've decriminalized adultery and
0:16:16 they've decriminalized uh sex outside of
0:16:20 marriage and things like that well then
0:16:22 what makes sex illegal well it has to be
0:16:24 consent right
0:16:31 whether it be physical or or implied you
0:16:35 know threatening behavior and it didn't
0:16:37 actually be physically done it could be
0:16:39 you know unless you can unless you agree
0:16:42 to this I I will withhold something from
0:16:45 you or I will threaten you so even that
0:16:47 is considered uh uh absence of consent
0:16:50 and thus could be rape actually uh in in
0:16:54 is it is in Islam obviously and in the
0:16:56 west today says the absence of consent
0:16:58 is the key is the key indicator of of
0:17:02 something being illicited immoral or
0:17:04 criminal uh usually in sexual
0:17:06 relationships anyway yeah absolutely and
0:17:09 I have a point down here that there was
0:17:11 a woman who was um pressured into
0:17:15 uh intercourse because there was a
0:17:17 Shepherd who uh she came to a Shepherd
0:17:20 she was dying of thirst she said she
0:17:22 needed a drink of water and the shepherd
0:17:24 said I'll give you a drink of water but
0:17:26 you have to have sex with me so she had
0:17:28 sex with him and this was referred to
0:17:30 the uh caliph and it was
0:17:36 pleased with him he was the fourth Caleb
0:17:38 and he said this is coercion and he
0:17:40 considered it rape and then he didn't he
0:17:42 didn't punish the woman so even in very
0:17:46 very early Islam we had this idea that
0:17:48 rape isn't just a physical thing it
0:17:52 could be done by means of pressure like
0:17:55 that yeah
0:17:57 um but back back to consent
0:18:00 um it's problematic
0:18:01 in the sense that
0:18:04 um it's subjective so you know a
0:18:07 marriage contract or the recognition of
0:18:10 a concubine relationship those were
0:18:13 concrete
0:18:14 uh written document you know documented
0:18:18 relationships that made sex legal
0:18:21 between a man and a woman but now
0:18:24 consent it's it's it's a subjective and
0:18:27 you know now we're running into the
0:18:29 problem where
0:18:30 two people get drunk and then they have
0:18:32 sex and then somebody wakes up later and
0:18:36 says oh I didn't really want to do that
0:18:38 and you know that was again that was
0:18:40 against my consent and now I think
0:18:41 that's rape you know and then you know
0:18:44 there were a lot of when the me too
0:18:46 thing was all happening there were a lot
0:18:48 of
0:18:49 stories like that where it was like okay
0:18:51 well what you know what what
0:18:54 there was consent beforehand but then
0:18:57 consent was drawn with during the ACT
0:19:00 our consent was uh
0:19:02 retracted after the act and you know
0:19:04 it's it's all a very subjective thing
0:19:06 and so it's it's illegally problematic
0:19:09 category and because it's this new
0:19:12 category uh in law
0:19:16 you won't find it in the past right and
0:19:19 and in all types of legal cultures you
0:19:21 won't you won't find it in the way that
0:19:23 it is now you won't find it in the past
0:19:25 the only
0:19:27 um
0:19:28 way that consent mattered with this
0:19:30 respect to sexual relations in Islamic
0:19:33 law is that if a man had sex with a
0:19:37 woman and uh they weren't married and
0:19:39 they had sex and they both consented to
0:19:41 it then they were both guilty of
0:19:43 adultery or legal fornification uh but
0:19:46 if the woman
0:19:48 um did not consent and the man just
0:19:51 forced himself on her then the fact that
0:19:53 she didn't consent would save her for
0:19:55 many punishment because a woman that is
0:19:57 raped not punished
0:19:59 um and that's another thing that the
0:20:01 anti-islam folks will claim that uh
0:20:05 Islam punishes a rape victim which is
0:20:07 absolutely not true yeah I mean I I've
0:20:10 heard people say this and I mean you
0:20:11 provide a lot of detailed historical
0:20:13 evidence from the earliest sources from
0:20:15 impeccable sources uh from the sahaba
0:20:18 from the prophets from the caliphs and
0:20:19 so on of course it was uh uh you know
0:20:22 rape was condemned and the rapist was
0:20:25 punished
0:20:26 um and the person who was raped the
0:20:28 victim wasn't uh and uh there's such
0:20:31 abundance of mainstream uh clear
0:20:34 evidence uh Sunni from the Sunni Squad I
0:20:37 don't know about the sheer evidence but
0:20:38 there's only evidence to to be it's
0:20:40 beyond dispute that this is clear-cut
0:20:43 and yet as you say Justin uh there's a
0:20:46 lie because it is a lie because it's
0:20:47 based on a falsehood
0:20:50 um it is continues to to circulate and
0:20:52 uh and I I do wonder sometimes why
0:20:55 people do that you know disagree with
0:20:57 Islam if you must but don't lie about it
0:20:59 you know that represent it truthfully
0:21:01 objectively
0:21:03 yeah I agree I think they just throw all
0:21:05 the mud at the wall and hope something
0:21:06 sticks yes I think that's what they do
0:21:10 uh but on that point I did mention I
0:21:13 cited Imam attitude who was the early
0:21:16 Hadith scholar so he's one of the
0:21:18 earliest Scholars there is and uh also
0:21:23 even abdulbar who is an authority in the
0:21:27 Maliki school also a classical scholar
0:21:29 very early and they both reported a
0:21:32 consensus on the fact that the woman is
0:21:34 not punished if she's raped
0:21:37 um so that and that's and and I'm sure
0:21:40 there's a lot of other Scholars who have
0:21:41 said that but that there's a consensus
0:21:43 on that legally that a a rape victim is
0:21:46 not is not punished uh for what happened
0:21:49 to her
0:21:51 um so
0:21:52 consent being a problematic issue and I
0:21:55 did cite two books modern books where uh
0:21:59 lawyers were were pointing out the fact
0:22:01 that consent is a problematic issue
0:22:04 um and it just doesn't exist in
0:22:05 classical Islamic law Islamic law uh
0:22:09 because it it's kind of an uncoherent
0:22:11 category it's it's too subjective
0:22:14 and um
0:22:16 even the West hasn't figured out
0:22:20 all the details of it there's just
0:22:22 there's just there's just problems with
0:22:24 that so so that that's the problem with
0:22:27 the consent only like the consent is
0:22:30 only is what makes sex legal uh that's a
0:22:34 problem because it's subjective and and
0:22:36 uh it can be withdrawn and at any point
0:22:39 and
0:22:40 you know there's a lot of problems with
0:22:42 that
0:22:43 uh but anyway as we were saying and then
0:22:46 I talked about and I have to talk a
0:22:47 little bit about uh slavery
0:22:51 um and as we said that the freeing of
0:22:53 slaves is always praised in the Quran
0:22:55 and Sunnah
0:22:57 uh by the prophet sallallahu alaihi
0:22:59 wasallam himself and that the
0:23:01 acquisition of slaves could only be done
0:23:03 as a result of War so these were
0:23:07 prisoners of war and then so they were
0:23:09 taken as slaves because
0:23:11 you know what else are you going to do
0:23:12 with them you're going to kill them all
0:23:13 I mean
0:23:15 that would be barbaric right so what are
0:23:19 you going to do yeah you have to do
0:23:21 something with them so they would be
0:23:22 taken as slaves
0:23:25 um
0:23:26 so you know many ways to free slaves
0:23:29 very few ways to acquire slaves and then
0:23:33 the prophet sallallahu alaihi wasallam
0:23:35 he elevated the status of slaves so he
0:23:39 said that
0:23:41 um the only uh the only thing that makes
0:23:45 somebody better than another is the
0:23:48 Tuple of Allah Their Fear of Allah their
0:23:50 mindfulness of Allah and not any kind of
0:23:53 worldly status or anything like that he
0:23:55 referred to slaves as your brothers and
0:23:57 sisters
0:23:59 and he encouraged uh the masters of
0:24:03 slaves to eat
0:24:05 and uh for their slaves to eat the same
0:24:09 food they eat and to wear the same
0:24:10 clothes that they wear as the master so
0:24:14 there wouldn't be a distinguished there
0:24:16 wouldn't be a way to distinguish between
0:24:18 the master and the slave because they're
0:24:20 eating the same things they're they're
0:24:22 wearing the same things
0:24:24 um and so you know that's kind of
0:24:27 raising them to a level of equality that
0:24:29 they wouldn't have had uh otherwise
0:24:33 you you quote uh the prophet upon him
0:24:36 your peace uh saying this is a quote
0:24:38 from uh Hadith in Muslim let not one of
0:24:41 you say my slave boy and my slave girl
0:24:45 all of you are slaves of Allah and all
0:24:49 of your women are slaves of Allah rather
0:24:52 let him say my young man and my young
0:24:55 woman end of quote so there's attempt
0:24:58 there to uh get away from uh you know
0:25:00 this degrading language and you you you
0:25:03 then comment by this description in
0:25:05 Slave people were no longer conceived of
0:25:07 as merely dehumanized property to be
0:25:10 used as they are in Aristotle for
0:25:12 example where they're not even human
0:25:15 to be abused and discarded at whim but
0:25:18 rather they were now brothers and
0:25:20 sisters in faith like family members
0:25:23 entitled as you as you say to equal food
0:25:25 and clothing
0:25:26 um as their custodian and protection
0:25:29 from harm
0:25:31 um and I I do question really I mean
0:25:33 it's just I'm not historian thing but
0:25:34 whether or not the word slavery is
0:25:36 really the right word in English Rick in
0:25:38 Arabic is the right word to use because
0:25:40 it has as you said earlier all the
0:25:42 connotations of a particularly brutal
0:25:44 racial uh institution of slavery in the
0:25:48 United States before the Civil War and
0:25:50 it kind of caused the Civil War in
0:25:52 America I want it really it is so
0:25:55 different from that what we're talking
0:25:57 about in Islam I'm wondering if it's
0:25:59 really appropriate to use the same word
0:26:01 because all it does today is trigger
0:26:03 people to think in terms of the North
0:26:05 American Experience of racial slavery
0:26:08 rather than the much more humanized uh
0:26:11 realities we see in Islam and even that
0:26:14 as you said earlier has now effectively
0:26:17 or functionally ceased to exist because
0:26:19 of the the agreements that Muslim
0:26:21 nations have made uh with the United
0:26:23 Nations on this so I I don't know do you
0:26:26 think we should use this word anymore
0:26:27 um or other words sometimes a bondsman
0:26:31 or uh those other kind of euphemisms
0:26:34 that are used anyway
0:26:36 yeah I I I I I don't like to use the
0:26:39 word slave
0:26:40 um I just haven't thought of a better
0:26:42 word to to say uh bondsman maybe sir I
0:26:46 always say servant maybe
0:26:50 um but on that point uh the Quran
0:26:54 doesn't refer to it only refers to
0:26:57 slaves in the sense of everybody's a
0:27:00 slave of Allah
0:27:01 the term that the Quran uses those
0:27:08 who are in the custodianship of your
0:27:12 right hand and I and I use the in people
0:27:15 will translate this as the ownership of
0:27:17 your right hand but that would imply
0:27:20 that their property and I don't think
0:27:22 and that's not the the the the the the
0:27:26 that's not the meaning of why that term
0:27:28 was used so
0:27:30 um uh when mammalak had a manukum is
0:27:33 mentioned in the Quran uh there was the
0:27:37 scholar El portavi who's a classical
0:27:40 scholar 13th century I think uh I have a
0:27:44 quote from him and he was talking about
0:27:46 how the right hand was used because the
0:27:49 right hand is The Honorable hand the
0:27:52 right hand is what you use to shake
0:27:53 hands it's what you use to uh do
0:27:57 honorable clean things like that and the
0:27:59 left hand is kind of the dirty hand that
0:28:01 you use to clean your backside and
0:28:04 everything like that so in uh Arab
0:28:06 culture the right hand is like the
0:28:08 honored hands so these are so slaves
0:28:12 I'll just say slaves quote unquote are
0:28:15 those who are in your right hand right
0:28:18 and you and this the ma the master
0:28:23 of the slave I'm slave I'm just gonna
0:28:26 use that term
0:28:28 yeah the the slaves
0:28:32 um are in the right hand so they're in
0:28:34 an honorable position and that's why I
0:28:37 thought it was most appropriate to
0:28:39 transfer uh to translate that phrase as
0:28:42 custodianship of the right hand because
0:28:45 of Portuguese he mentions the fact that
0:28:48 the right hand is The Honorable hand and
0:28:50 then he talks about how you have to be
0:28:52 just and fair with your slaves and you
0:28:54 have to treat them gently uh there's a
0:28:57 Hadith the prophet sallam was asked how
0:29:01 many excuses should I give my slave or
0:29:04 servant in a day in the Pro the prophet
0:29:06 said 70 times a day right so they make a
0:29:10 mistake 70 times a day you give them
0:29:12 excuse 70 times a day so being gentle
0:29:15 with them and not let mistreating them
0:29:17 and not giving them more work than
0:29:19 they're capable of doing
0:29:21 and even the servants that the prophet
0:29:23 salallahu alaihi wasallam had if there
0:29:25 was something very difficult they
0:29:26 couldn't do by themselves he would go
0:29:28 out and help them
0:29:30 do whatever the task was and isn't it
0:29:32 isn't there in a verse in the Quran
0:29:34 talks about a contract and a um a slave
0:29:37 as you call it uh with the uh the
0:29:40 custodian
0:29:41 um what could you explain a bit more
0:29:42 about this because when I first came
0:29:44 across it I've never come across
0:29:45 anything like it before and I thought
0:29:46 certainly not in the Bible anyway
0:29:48 Music
0:29:49 yeah so there is a verse in the Quran
0:29:52 that if the slave wants to have their
0:29:55 freedom
0:29:57 um and and just as a side point if if a
0:30:00 slave was in a very nice rich household
0:30:03 they might kind of want to just stay
0:30:04 there if they're being treated really
0:30:05 well and everything that that's just a
0:30:08 side point but uh the Quran says that if
0:30:11 there's a slave who would like their
0:30:13 freedom then the the master has to make
0:30:16 a contract with conditions that after
0:30:21 such and such time they're going to
0:30:22 become free so then it can they kind of
0:30:25 enter this indentured servant
0:30:28 uh period and then at the end of that
0:30:31 they uh they're set free wow so again
0:30:35 another way for slaves to kind of earn
0:30:38 their freedom and and and and and get
0:30:40 out of the situation I'm also supposed
0:30:42 to give of their wealth I think the
0:30:43 Quran says isn't it it's supposed to
0:30:44 give all their wealth to facilitate this
0:30:46 so it just cost the uh the the custodian
0:30:49 or whatever uh it does cost them and
0:30:51 this is commanded in the Quran this is
0:30:53 not a legal opinion
0:30:56 exactly so
0:30:58 um so yet again another Avenue for for
0:31:03 slaves my new mission is I'm just going
0:31:05 to keep using that word I'm really sorry
0:31:07 but like okay so I don't I didn't mean
0:31:10 to introduce a complicated in fact I was
0:31:12 I was just uh it's just a triggering you
0:31:14 know the way that connotations are
0:31:16 certain words today create false
0:31:18 understandings and impressions of
0:31:20 people's minds when it comes to
0:31:21 discussing Islam as if as if the
0:31:23 institution of slavery was universally
0:31:25 the same throughout history and
0:31:28 throughout cultures and it's something
0:31:30 that Jonathan Brown labors some
0:31:32 brilliant effect in his book uh slavery
0:31:33 in Islam where he looks at many
0:31:35 different kinds of institutions of
0:31:37 slavery throughout history from the very
0:31:39 very brutal uh examples we see
0:31:41 unfortunately in North America
0:31:42 to the American Civil War to very benign
0:31:45 forms which we see uh in Islam which are
0:31:49 almost unrecognizable uh you know you
0:31:51 think wow you know and the way that some
0:31:54 rulers of Muslim empires
0:31:56 you know people of great power and
0:31:59 Status were slaves in the Muslim world I
0:32:02 mean the most extraordinary range in
0:32:04 diversity uh and spectrum of experiences
0:32:08 if you think of a slave as a downtrodden
0:32:10 uh victim think again because as I say
0:32:13 in I forget if it's the mom look I
0:32:15 forget the exact Empire I'm sure you
0:32:17 know uh slaves were rulers of Empires
0:32:21 and they had concubines believe it or
0:32:24 not they commanded armies
0:32:27 um so you know we have to abandon I
0:32:30 think this language in these categories
0:32:31 uh before we begin to think about Islam
0:32:34 and slavery uh otherwise we would just
0:32:36 fail to uh under understand what's
0:32:39 really going on and the experience of
0:32:40 slaves in history was so diverse and so
0:32:43 radically different uh unrecognizable as
0:32:47 a as a unitary uh concept it really kind
0:32:51 of breaks down I think after a while
0:32:53 yep it does the the mamluk Dynasty uh
0:32:57 ma'am Luke is another word for slave
0:33:00 right and so they they became a dynasty
0:33:03 because they were um
0:33:05 uh soldiers that were slaves and then
0:33:09 they ended up having their own Dynasty
0:33:11 so yeah it's been totally different it
0:33:14 was totally different all throughout
0:33:15 history than just the American
0:33:17 experience and uh the uh prophet
0:33:21 sallallahu alaihi wasallam he actually
0:33:23 has a Hadith that he says you have to
0:33:24 obey Your Leader even if a slave is
0:33:27 appointed over you
0:33:29 um and so slaves could have positions of
0:33:33 authority you know which is
0:33:35 counterintuitive to us in the west how
0:33:37 can maybe you know because you're a
0:33:38 victim you're an oppressed victim but
0:33:40 because sometimes of course they were as
0:33:43 we have said but sometimes they weren't
0:33:44 so sometimes they had great power
0:33:47 yeah yeah it was it was a it was an
0:33:51 economic
0:33:53 um relationship uh it had to do with the
0:33:56 economy of how the world
0:33:59 organically developed into that
0:34:02 system but
0:34:04 uh anyway so
0:34:07 uh so we talked you know the prophet
0:34:09 saws
0:34:12 made slaves equal to the Believers
0:34:16 um
0:34:16 call them brothers and sisters
0:34:19 um and there is a Hadith I mentioned
0:34:21 here that the prophet sallam he
0:34:23 condemned the kidnapping of Free People
0:34:26 Into Slavery so uh it's a Hadith kudzi
0:34:31 so he's he said that Allah said Iola
0:34:33 pose the one who enslaves a free person
0:34:37 and consumes their price
0:34:39 and I I tried to go find the book where
0:34:42 I found that cited but the scholar who
0:34:45 cited it it was a western scholar and he
0:34:48 said that effectively cut off the the
0:34:50 the kidnapping slave trade uh as a means
0:34:55 of of acquiring slaves and as we know
0:34:58 you know a lot of the
0:34:59 maybe all of the slaves that were
0:35:01 shipped to America they were all
0:35:03 kidnapped right you know they were they
0:35:05 were taken from their lands against
0:35:07 their will
0:35:09 um and many it was interesting that has
0:35:11 now come out and many of these slaves
0:35:12 that ended up in in what became America
0:35:15 in the United States were Muslims
0:35:16 actually and the numbers very wildly but
0:35:19 we could be talking about millions of
0:35:21 enslaved black Africans from Africa who
0:35:25 were Muslims taken to what became the
0:35:27 United States to be owned by Christian
0:35:29 owners and so the the some of the the
0:35:32 earliest inhabitants uh albeit as slaves
0:35:35 in what became America were Muslims
0:35:38 actually in huge numbers and they were
0:35:41 enslaved by Christians and they were
0:35:43 owned by Christians so here we have a
0:35:45 phenomena of a Christian civilization
0:35:47 owning Muslim slaves
0:35:50 um also known as the United States of
0:35:52 America I mean you couldn't make this up
0:35:53 it's so extraordinary and this story has
0:35:56 been lost historically recently
0:35:59 recovered hasn't it the uh the the sheer
0:36:01 number of Muslim slaves that were
0:36:02 forcibly captured and kidnapped from
0:36:06 Africa and taken to Christian the
0:36:09 Christian West
0:36:10 um well of course they were not free uh
0:36:13 uh to practice their faith and and they
0:36:15 had to do so in secret
0:36:18 um because obviously the Christian
0:36:20 owners uh unfortunately uh you know uh
0:36:23 prohibited them have beat them if they
0:36:25 practice their faith as Muslims well
0:36:27 there's other way around in Islam of
0:36:28 course Christians are uh uh free in in
0:36:32 the Sharia uh to have their own faith
0:36:34 and practice their faith freely it's
0:36:36 part of what it says that in the Quran
0:36:38 and the Sunnah so it's a terrible story
0:36:40 that Muslims have been in what is as
0:36:42 people are saying what became America
0:36:43 because America didn't exist then it was
0:36:45 a British colony but uh Christian owned
0:36:47 a Christian's own slave owners own
0:36:49 Muslim slaves in huge numbers right at
0:36:51 the early years
0:36:53 yeah that's right
0:36:55 um
0:36:56 so this kidnapping against slaves this
0:36:58 is
0:36:59 Big Time Haram in Islam Allah Allah uh
0:37:03 through the prophet salallahu made big
0:37:05 warning about that Allah will oppose him
0:37:07 on the day of Resurrection
0:37:09 um and then uh I mentioned here that the
0:37:13 uh there was a slave I'm sorry uh
0:37:16 servant let's just say servant okay
0:37:18 seven from now on yeah there is a a bond
0:37:23 servant okay there was a bond servant in
0:37:26 the presence of the prophet sallam and
0:37:29 the owner slapped him across the face
0:37:31 and it's Haram to slap anybody in the
0:37:33 face in Islam and uh the prophet
0:37:37 salallahu ordered that man to free that
0:37:41 slave just because he had been slapped
0:37:42 on the face right so you even that was
0:37:45 comparatively mild form of abuse was it
0:37:48 was enough for that slave to be set free
0:37:52 and to be fair the jurist said that that
0:37:54 was recommended but you know if we want
0:37:57 to follow the prophet salallahu that's
0:37:59 what he ordered us to do
0:38:01 um there was another incident where
0:38:04 um in the time of armor the second
0:38:07 caliphon may Allah be pleased with him
0:38:09 uh there was a female slave a concubine
0:38:12 Bond servant Justin I'm sorry Bond
0:38:16 servants made servant
0:38:18 um she uh she was a concubine and the
0:38:22 owner had hit her with a hot iron so he
0:38:24 heated up the iron stick and he hit her
0:38:26 with it and Omar ordered her to be set
0:38:30 free because of that
0:38:33 um so you know we have those examples
0:38:35 and then the prophet sallallahu alaihi
0:38:37 wasallam said in another tradition that
0:38:40 the evil slave master will not go to
0:38:42 paradise the evil slave master will not
0:38:45 go to paradise so again that's a huge
0:38:48 warning uh to anyone who had people
0:38:52 under their custodianship right that uh
0:38:56 they would not go to paradise if they
0:38:58 were evil to their slaves right
0:39:01 or they would have to go
0:39:03 uh if they had some redeeming qualities
0:39:06 they would have to go to Hellfire for a
0:39:08 long time and then they might go to
0:39:09 paradise but that that's a whole other
0:39:11 theological question but the warning
0:39:14 here is that the evil Master will not go
0:39:16 to paradise if he's evil to the people
0:39:18 who are under his authority
0:39:21 um
0:39:22 so now we move to concubineage and uh
0:39:27 concubines they had rice just as slaves
0:39:30 had rights as I said they were not
0:39:32 allowed to be harmed they could own
0:39:34 property
0:39:36 um they would be educated you know they
0:39:39 would have they would have to learn the
0:39:40 Quran and they would learn Islamic
0:39:42 knowledge and and other other types of
0:39:45 knowledge so they had rights so they
0:39:48 weren't just like pieces of property
0:39:49 that you would just hand around and
0:39:51 everything and it was an exclusive
0:39:53 relationship as I said with the
0:39:56 custodian I guess I wouldn't say master
0:39:58 the custodian of the concubine
0:40:02 um
0:40:02 uh
0:40:04 uh he had an exclusive relationship with
0:40:07 her as if it was a marriage and what's
0:40:09 interesting if you go to Lisa and Arab
0:40:12 by even manler which is the the
0:40:14 preeminent classical Arabic lexicon uh
0:40:19 the word for concubine it Surya is
0:40:23 linguistically related to Nika which is
0:40:26 marriage right so the word for
0:40:28 concubineage is linguistically related
0:40:31 to marriage and because there's a
0:40:33 similarity there right
0:40:35 and then I mentioned some examples of
0:40:38 the classical jurists that they made
0:40:40 legal analogies so this is PS this is
0:40:43 part of the usula the principles and the
0:40:47 sources of Islamic laws to make analogy
0:40:49 between cases if it applies to this case
0:40:52 and in this case is similar then the
0:40:54 ruling is the same so they made the same
0:40:57 ruling between
0:41:00 um
0:41:00 uh
0:41:02 uh a married woman and a concubine and
0:41:05 one of those for example was that
0:41:08 uh you know Muslims are not allowed to
0:41:11 marry idolaters right but they're
0:41:13 allowed to marry Jews and Christians uh
0:41:16 but Muslims are not allowed to have
0:41:19 concubines who are idolaters but they
0:41:22 can have concubines who are Jews and
0:41:24 Christians and the reason for that is
0:41:25 because they made this analogy between
0:41:27 marriage and it concubine there's a
0:41:31 spiritual compatibility if uh perhaps
0:41:33 you know if you have a Jewish concubine
0:41:35 there's a compatibility there in terms
0:41:37 of World Views and spirituality but if
0:41:39 you if a conqueria is an idolater he
0:41:41 worships Idol that you know how can
0:41:43 there be this
0:41:44 but not marriage but you know have those
0:41:47 qualities of relationship there's
0:41:49 something I didn't know until I read
0:41:50 your your paper that concubine you I
0:41:51 thought the concubines was just
0:41:52 unrestricted but actually it's not you
0:41:54 couldn't uh you were never allowed to
0:41:56 have a concubine uh as you say he was
0:41:59 not of the people of the book uh so that
0:42:01 really restricts it uh quite quite quite
0:42:04 radically
0:42:05 yeah absolutely and that also goes to
0:42:08 show you the way it's more like marriage
0:42:11 because uh Muslim manner I'm allowed to
0:42:14 marry Jews and Christians because
0:42:16 they're they're they do have that
0:42:17 spiritual compatibility and then they
0:42:19 can have an intimate relationship you
0:42:22 know that is supposed to be based on
0:42:24 Love and Affection as the Quran says
0:42:26 that marriage is based on Love and
0:42:29 Affection so a similar type of
0:42:31 relationship uh would happen between the
0:42:35 custodian and the concubine because it's
0:42:38 not
0:42:38 um because again they're not property
0:42:40 they're not
0:42:42 um just things that I can use and
0:42:45 discard you know they're they're like a
0:42:47 wife like you have an intimate
0:42:48 relationship with them right you love
0:42:50 them that's that's how it was uh that's
0:42:54 how it was supposed to be right like a
0:42:56 marriage right
0:42:57 uh and then I talked about how is sexual
0:43:01 relations viewed in Islam in general
0:43:04 and I have some quotes here that there
0:43:07 the scholars have said that you know the
0:43:09 purpose of sexual intercourse is mutual
0:43:12 pleasurability right both parties are
0:43:15 supposed to enjoy it it's not just
0:43:17 something that the man enjoys the woman
0:43:19 is supposed to also enjoy it as well
0:43:23 um and the handbally scholars I I
0:43:26 believe it's 10 Billy Scholars they even
0:43:28 say it's an obligation for a man to have
0:43:31 intercourse with his wife on a regular
0:43:34 basis because she has the right to
0:43:36 sexual pleasure right so
0:43:40 um they didn't what my point when
0:43:42 mentioning all that is that they
0:43:44 understood that sex is a mutually
0:43:47 pleasurable activity it's not male
0:43:49 Conquest you know I had sex with so many
0:43:52 women I can do whatever I want you know
0:43:55 I can you know uh I'm not I'm you know
0:43:57 they're not pick up you know men aren't
0:43:59 supposed to be pickup artists you know
0:44:00 they go and have sex here they're
0:44:02 they're there it didn't work like that
0:44:04 you know it's not like a sexual Conquest
0:44:06 type of uh view that they had so they
0:44:10 understood that sex is a mutually
0:44:12 pleasurable activity and you know that
0:44:16 would uh seem to contradict the idea
0:44:18 that a custodian is going to be raping
0:44:21 his concubine
0:44:22 so um
0:44:25 you have a lovely paragraph in your
0:44:27 articles I've linked to in the
0:44:29 description below on masculinity in
0:44:31 Islam which is actually incredibly
0:44:34 um pertinent considering what's what's
0:44:35 been going on in social media uh
0:44:38 recently you you just quotient you say
0:44:39 our shafi's sensitivity to the concerns
0:44:42 of women were likely influenced by his
0:44:44 understanding of traditional Islamic
0:44:46 masculinity
0:44:49 the eponymous founder of the the Shafi
0:44:52 legal School the Mad Hub so incredibly
0:44:54 important scholar in early Islam and he
0:44:56 said manhood is based on four pillars a
0:44:59 good character generosity humility and
0:45:02 devotion uh and then you say uh the
0:45:06 righteous predecessors did not conceive
0:45:08 of masculinity as involving alpha male
0:45:11 or pickup artist behaviors a true man in
0:45:14 Islam isn't is Honorable to women
0:45:16 selfless humble and gentle not
0:45:20 domineering or abusive and then you
0:45:23 quote another scholar what is and
0:45:25 there's a uh who died in 687 uh one of
0:45:28 the very earliest Scholars what is
0:45:30 manhood uh this poster scholar was asked
0:45:33 forbearance he said in a time of anger
0:45:35 and forgiveness in a time of power and
0:45:40 then you quote other Scholars as well so
0:45:42 uh very relevant today where many of us
0:45:44 think that masculinity is like an of an
0:45:47 alpha male kind of character where you
0:45:50 know picking up women and so on and this
0:45:51 is not the Islamic model of masculinity
0:45:53 at all which is a very elevated I think
0:45:55 very honorable uh um conception of what
0:45:58 it is to be a man
0:46:01 yeah in in fact those quotes are from uh
0:46:04 kitab al-muro uh muru uh is the
0:46:08 uh the classical name for
0:46:12 um masculinity or manhood
0:46:15 um and he has all the I forget the
0:46:18 author's name escapes me right now but
0:46:20 he has all of these
0:46:22 sayings about what
0:46:26 like what does the true man like
0:46:29 um and so uh that that has already been
0:46:32 defined in classical Islamic law you
0:46:35 know and and it and and it can be worlds
0:46:37 away from how
0:46:39 different cultures or our own culture
0:46:41 today conceives of Mass Community
0:46:44 um but I I would uh unfortunately it's
0:46:47 not translated but any man who is
0:46:50 struggling with this
0:46:52 topic I I believe Imam dawood Walid
0:46:56 wrote a book
0:46:58 is uh means chivalry
0:47:02 um and he brought a lot of these
0:47:04 narrations as well so that's the that's
0:47:07 the big book in English
0:47:11 different subject in Thai but this is
0:47:13 something that was is associated with uh
0:47:16 you know medieval knights in the west
0:47:18 they have a chivalrous night but this
0:47:19 actually comes from Islam this predates
0:47:22 it by many centuries uh this was this uh
0:47:25 when Islam was a dominant civilization
0:47:26 in the world that these Noble
0:47:28 characteristics were then picked up in
0:47:31 uh non the non-muslim Christian Europe
0:47:33 uh and followed by the knights the
0:47:36 medieval knights and then it became
0:47:37 indigenous to Europe of course
0:47:40 yep
0:47:41 so um
0:47:43 yeah so so that was how manhood
0:47:47 masculinity was conceived by early
0:47:50 Muslims include the included things like
0:47:52 gentleness and and honorableness good
0:47:55 character all those kinds of things
0:47:58 um and then I move to the section on the
0:48:02 prohibition of sexual harm
0:48:05 um and I'm uh put here that Islamic law
0:48:10 prohibits harm and principle
0:48:14 so there's a saying of the Prophet
0:48:16 sallallahu alaihi wasallam
0:48:18 there's no harm or reciprocating harm
0:48:22 so my my mentor explained it as as
0:48:26 there's no harm coming to you there's no
0:48:28 harm coming from you that's the way he
0:48:30 explained it to me so you're not allowed
0:48:32 to harm yourself you're not allowed to
0:48:33 harm others and the only exception to
0:48:36 that is if you have to harm somebody
0:48:38 else that's to avoid a greater harm so
0:48:40 and I I believe I cited uh those
0:48:44 principles and that exact Hadith became
0:48:46 the exact legal Maxim just verbatim
0:48:50 interesting um so that's the that's the
0:48:53 legal principle that animates all of the
0:48:56 rules in Islam you know that you're
0:48:58 allowed to harm yourself you're not
0:48:59 allowed to harm others and the only
0:49:01 exception to that is if you have to uh
0:49:04 do some harm in order to avoid a greater
0:49:07 harm so you know that how does that
0:49:10 apply to uh rape and concubine right and
0:49:14 then I uh I put some quotes of some
0:49:17 jurists I believe
0:49:19 and they said that it's not permissible
0:49:21 to have
0:49:22 uh intercourse with your wife and by
0:49:26 extension your concubine if that's going
0:49:28 to harm her
0:49:30 and
0:49:31 um what they meant uh part of what what
0:49:35 they meant is that you know if it's a
0:49:36 really big man and a really small woman
0:49:38 and he's going to crush her if he gets
0:49:40 on top of her you know you know that's
0:49:41 you're not allowed to have sex
0:49:44 because a petite woman a little woman
0:49:46 yeah yeah a petite woman
0:49:49 um but the by extension you know like
0:49:53 say you have a concubine you're a
0:49:55 custodian you have a concubine and you
0:49:58 wanted to have sex with her and she says
0:50:00 no and then the only way you can have
0:50:01 sex with her is by beating her up and
0:50:04 forcing it upon her well you're harming
0:50:06 her and the only way to have set
0:50:07 intercourse with her is by harming her
0:50:09 and therefore it's unlawful right so
0:50:13 that same principle I think applies like
0:50:16 it you know she says no and you and the
0:50:20 only way to have intercourse with her is
0:50:23 to beat her up slap her
0:50:26 kick her whatever you know that that
0:50:29 that kicking and slapping all that is
0:50:32 Haram right and slaves aren't allowed to
0:50:34 be armed that way
0:50:37 um
0:50:37 so that that's the uh prohibition of
0:50:42 sexual harm
0:50:44 um and then I have a quote from
0:50:45 evantemia and he says that intimate
0:50:47 intimacy and intercourse must be done
0:50:49 according to what is customarily good so
0:50:52 what's my roof so what is well known to
0:50:56 be good in society and custom so
0:51:00 um you know and that might change over
0:51:02 time but the point is
0:51:05 um that uh we know that like forcing a
0:51:09 woman into intercourse when she doesn't
0:51:12 want to have it
0:51:14 even if like they're married or or they
0:51:16 have a legally valid reason for doing
0:51:19 that that's that's not customarily good
0:51:21 right that's that's
0:51:23 not uh According to Islamic masculinity
0:51:26 for example so I had that quote
0:51:30 um and then I have several quotes of the
0:51:32 prophet and joining us to be good to
0:51:35 women
0:51:36 The Best of You are those who are the
0:51:37 best to their women
0:51:39 right so and uh the Quran says
0:51:44 and live with them honorably live with
0:51:47 them in kindness live with them in Good
0:51:49 Conduct that is a command in the Quran
0:51:51 right that's not a recommendation you
0:51:53 know Allah commands us to live with
0:51:56 women
0:51:57 in according to Good Conduct according
0:52:00 to kindness according to the best
0:52:02 treatment right
0:52:04 and again how does you know rape doesn't
0:52:06 it obviously is it a part of that
0:52:08 uh so we talked about uh Islamic manhood
0:52:12 Music
0:52:13 um now let's talk about rape just rape
0:52:16 uh in general just not not with wives or
0:52:21 concubines but just rape in general what
0:52:24 is the ruling on that what are the
0:52:26 caliphs or the jurists
0:52:29 tell you about that so the Juris
0:52:32 classified rape
0:52:34 asina so uh compulsion to commit
0:52:38 adultery compulsion to commit illegal
0:52:40 for fornication
0:52:42 and I have put the whole chain there
0:52:46 that this is an unbroken rule that has
0:52:50 come from the prophet sallallahu alaihi
0:52:53 wasallam to today right because you're
0:52:55 not allowed to rape women today in
0:52:57 Muslim countries and that goes all the
0:52:59 way back to the prophet salallahu
0:53:01 so I uh cited there was an example in
0:53:05 the life of the Prophet salallahu or a
0:53:08 woman's rape and he punished the rapist
0:53:10 uh all four caliphs uh had uh cases of
0:53:15 rape that were brought to them and they
0:53:17 punished the rapists and um and then as
0:53:20 I mentioned before uh that there was the
0:53:23 woman who was not physically harmed but
0:53:25 she was coerced into having sex with
0:53:27 this man because he was withholding
0:53:30 water from her and she had no choice and
0:53:33 that was considered rape uh according to
0:53:35 alib so rape isn't even necessarily a
0:53:39 physical act if it it it it could be
0:53:41 coerced in other ways and lectured in
0:53:45 other ways right and that goes back to
0:53:46 the caliphs the four calips that's yeah
0:53:48 Ali was the fourth vacation the
0:53:50 son-in-law the prophet himself in early
0:53:53 Islam so yeah this is a extremely
0:53:56 serious ruling and and binding you know
0:53:59 yep
0:54:00 uh we mentioned that there's a legal
0:54:02 consensus that though that the woman who
0:54:05 is the victim of rape is not punished so
0:54:07 we we cited that
0:54:09 um
0:54:09 and then I showed that concubineage has
0:54:13 to be authorized by the ruler yeah in
0:54:17 the same way that a marriage has to be
0:54:19 authorized yeah so the marriage has to
0:54:22 be public you know there's there's
0:54:24 usually a written contract that's called
0:54:26 right which is related to the word for
0:54:30 concubine it yeah yeah
0:54:33 and I gave the story of uh
0:54:38 I don't believe he was a companion but
0:54:40 he was in the time of Ahmad the second
0:54:43 Caleb his name was durarar imminent
0:54:46 and he was you know out on the front
0:54:50 lines and they had a battle and they you
0:54:53 know they won the battle and they had
0:54:54 taken some prisoners and there was a
0:54:56 woman there that was very beautiful and
0:54:58 he was very
0:54:59 very Smitten by her and uh he just
0:55:03 couldn't help himself and then he had
0:55:04 intercourse with her right and it
0:55:07 doesn't say that he raped her or he
0:55:09 forced her but he said he had
0:55:10 intercourse with her maybe she she you
0:55:12 know she uh
0:55:14 volunteered for it that narration
0:55:17 doesn't say but then it they wrote back
0:55:20 to Amar and they said
0:55:22 you know he
0:55:24 uh had sex with this uh
0:55:27 prisoner of war who was a woman right
0:55:29 and so Omar wrote back and said he's
0:55:31 going to punish him for adultery right
0:55:34 wow which is it could be a death uh yeah
0:55:37 yeah
0:55:38 and and I guess for his own sake he died
0:55:41 before that that ruling yeah natural
0:55:45 causes uh which was a relief
0:55:49 so
0:55:50 um the point of that story was because
0:55:53 you know the anti-islam crowd they say
0:55:56 oh the Muslims come in and then they
0:55:58 kill everybody and they rape all the
0:56:00 women and it's just out of it's just
0:56:02 Mayhem and they just rape whoever they
0:56:04 want and that wasn't the case at all
0:56:07 right they they took prisoners right but
0:56:11 then they didn't just have sex with
0:56:12 whoever they wanted to right the the
0:56:15 caliph or the commander had to authorize
0:56:18 the relationship
0:56:19 because it had to be a documented thing
0:56:21 like a marriage right so he the problem
0:56:25 that durar had is that he had this
0:56:28 relationship with a slave woman and he
0:56:30 or prisoner of war who was a woman
0:56:33 and he had it without authorization and
0:56:35 so then that was considered adultery
0:56:38 wow so I have that story
0:56:41 um I mentioned that the concubine who
0:56:44 gives birth
0:56:46 uh her custodian uh gives birth to a
0:56:51 child from her custodian then she's
0:56:53 called um the mother of the child and
0:56:58 um if and when her custodian dies then
0:57:01 she becomes free and
0:57:04 um it is also not permissible to
0:57:06 separate her from her children
0:57:08 because I know in American slavery they
0:57:10 did they did this and it was very
0:57:12 heartbreaking where they would sell the
0:57:13 mother here and the child there and the
0:57:15 father there and they just didn't give
0:57:17 regard to breaking up the families of
0:57:20 slaves because they were treated like
0:57:22 property uh but they're our jurists
0:57:26 uh they prohibited that so you know a
0:57:29 mother and a child and uh the husband or
0:57:34 or
0:57:35 slaves
0:57:37 could marry by the way you know so there
0:57:40 was a family and they were they were
0:57:42 slave they were
0:57:44 bonds people
0:57:45 they couldn't be separated right our
0:57:48 jurists prohibited that and and there's
0:57:50 a Hadith from the prophet who prohibited
0:57:54 that exactly separating the the family
0:57:56 from their children yep okay
0:58:01 um
0:58:04 there was a point
0:58:06 that I had but it just escaped me so
0:58:10 anyway we'll move on
0:58:12 um so there are classical texts uh they
0:58:15 they actually don't speak about consent
0:58:19 uh for intercourse with concubines
0:58:24 uh
0:58:25 for the first three four centuries of a
0:58:28 slap right it just doesn't exist right
0:58:33 um and I actually quoted Kesha Ali
0:58:36 uh who's a feminist Muslim academic and
0:58:38 she
0:58:40 disagrees with me on some things but I
0:58:44 did quote her because she was correct
0:58:45 when she said that right so
0:58:48 um
0:58:49 and that's why I was saying uh we don't
0:58:51 have a legal text from before the 11th
0:58:55 or 10th Century that deals with this
0:58:57 exact issue and I said you have to look
0:59:00 at other things right we have to look at
0:59:02 how are the prophet salallahu talk about
0:59:04 treating women talked about reading
0:59:07 people under the custodianship of a
0:59:10 master
0:59:11 um and all of these other things and you
0:59:14 have to take all of that into account
0:59:15 and if you if you take all that into
0:59:17 account do you think the God-fearing
0:59:19 Muslims the Companions and there's
0:59:22 students that they that they would rape
0:59:24 a woman and then if they thought that
0:59:26 this was like corporate Behavior I mean
0:59:28 that's just that's just kind of crazy
0:59:30 and I think that
0:59:32 um they don't talk about it in those
0:59:34 early texts because it was just kind of
0:59:36 understood that that would that was like
0:59:38 terrible Behavior yeah you know
0:59:42 um and and and it did violate the
0:59:44 principle of not harming like anyone
0:59:48 um so but that's that's why
0:59:50 um
0:59:51 uh you won't you won't see it uh in in
0:59:54 those very early writings and one point
0:59:57 I want to make about this is that um
1:00:00 there's actually nothing
1:00:04 in in the Quran or the Sunnah or in
1:00:07 these early works that says you are
1:00:09 allowed to rape your slave right it does
1:00:12 not say anywhere that you are allowed to
1:00:14 rape your slave right so that people
1:00:16 making this claim the burden on the
1:00:19 burden of proof is on them to prove that
1:00:22 rape is permissible
1:00:24 and I don't think they have that proof
1:00:26 and and that's why I wrote the article
1:00:28 and I cited so much
1:00:30 you know some of my colleagues thought
1:00:32 your article's too long but I was like I
1:00:34 want to throw everything that we have
1:00:35 out there on them so just shut this
1:00:38 argument down you know
1:00:40 but there are I mean you do say at the
1:00:43 end of uh towards the end of your
1:00:44 article there's a section the
1:00:45 misinterpretation of texts mentioning
1:00:48 concubines what do you say uh you look
1:00:50 at the way some text about concubines
1:00:52 are actually cited uh on the internet
1:00:55 and presenting by ISIS you mentioned her
1:00:57 to prove an inverted commas that Islam
1:00:59 sanctions rape and there's a
1:01:02 um a particular Hadith uh found in sahih
1:01:04 uh Muslim which is commonly used uh by
1:01:08 some people to condemn Islam
1:01:11 um do you want to say a few words about
1:01:12 that and why you think that uh Hadith is
1:01:16 uh completely misinterpreted uh by
1:01:19 people who may be motivated by less than
1:01:22 honorable uh ideas when it comes to
1:01:24 Islam
1:01:25 uh yes let me pull it up exactly so the
1:01:30 Hadith is that email I'll be pleased
1:01:33 with him he was at the Battle of Hunan
1:01:36 um and they had taken some prisoners uh
1:01:39 but the companions they didn't have
1:01:41 intercourse with any of the women uh
1:01:45 because their husbands were idolaters
1:01:47 and then the wrestlers were revealed uh
1:01:50 that
1:01:51 um they could have intercourse with
1:01:54 malakats and manukum right and so if if
1:01:58 you just look at the text the text
1:02:00 doesn't say anything about forcing
1:02:02 people into sex right
1:02:05 um it's the fact that these women and
1:02:07 remember we're talking about an
1:02:08 idolatrous culture that buried baby
1:02:10 girls alive right that treated women
1:02:13 like dirt you know and so you know
1:02:16 Muslims have come and these Muslims are
1:02:19 much more well-behaved than the people
1:02:21 that they had
1:02:22 came from right so the marriages to the
1:02:27 the marriages of those women to their
1:02:29 idolatus husbands who were
1:02:32 likely mistreating them was nullified
1:02:36 and then you have to go to the
1:02:38 commentaries and the commentaries say
1:02:40 that these women converted to Islam okay
1:02:44 and so they weren't uh idolaters right
1:02:47 then so their conversion to Islam is
1:02:50 kind of a consent to this type of
1:02:52 relationship to to be a concubine right
1:02:56 and so I put that in the uh the
1:02:59 commentaries I tried to explain the um
1:03:03 context of that but that's a Hadith and
1:03:06 there are a lot of Hadith like that
1:03:08 where there are details that are
1:03:11 unstated
1:03:12 and those details are put out in the
1:03:16 commentaries which are in Arabic and
1:03:18 usually not translated
1:03:20 so
1:03:21 um we deal with a lot of problems like
1:03:23 that you know people will take this
1:03:25 Hadith and they just read into it
1:03:29 terrible things in in in their own
1:03:31 imagination
1:03:33 um but uh the details you would have to
1:03:37 know by looking at the commentaries and
1:03:38 what was the ruling that the jurist
1:03:42 uh derived from that tradition it wasn't
1:03:44 that they were allowed to rape women
1:03:46 and it wasn't that they were allowed to
1:03:48 have sex with uh prisoners of War who
1:03:52 were women who were following an
1:03:54 idolatry for religion you know because
1:03:56 all those things were prohibited so what
1:04:00 happened was that those women converted
1:04:02 to Islam right and they were still
1:04:05 prisoners at the time and so then they
1:04:08 became concubines and then they had this
1:04:10 intimate relationship with
1:04:13 uh the The Men Who
1:04:17 they were assigned to or who they chose
1:04:20 to be with right or how do you do that
1:04:23 it couldn't have been permissible to
1:04:25 have intercourse with the these women
1:04:27 because they were idolaters uh that they
1:04:29 were Muslims and there's clear
1:04:31 prohibition on that so it's it's as you
1:04:34 say in the Articles Isa Jesus uh yo
1:04:36 you're reading into the text some people
1:04:38 are reading into the text what they
1:04:39 believe to be the case rather than
1:04:41 exegesis which is a careful critical
1:04:43 understanding of what the text actually
1:04:45 says in its context as well
1:04:48 um so it is it east of Jesus versus
1:04:50 exegesis issue but motivated usually by
1:04:52 people under weaponize certain isolated
1:04:55 texts without a context to make Islam
1:04:59 look bad and that's the the agenda and
1:05:02 also you say to be fair there are some
1:05:05 individual Muslim men perhaps who also
1:05:08 have taken advantage of that
1:05:09 misinterpretation obviously to fulfill
1:05:12 their desires perhaps
1:05:14 yeah even Isis when they were uh
1:05:19 when they captured yazidi women and they
1:05:21 were having
1:05:22 uh
1:05:25 they were raping them okay and they were
1:05:28 taking them as slaves and concubines and
1:05:30 everything like that but the yazidis
1:05:32 were not
1:05:33 people of the book right so you know
1:05:37 they were they were twisting the
1:05:40 interpretation of Islam as well to do
1:05:42 those horrible things that they did
1:05:44 right but but this is what a lot of the
1:05:47 anti-islam crowd does because there's
1:05:49 there's there's thousands of Hadith
1:05:51 right and hadiths are snapshots of a
1:05:54 much broader picture right and they
1:05:57 don't
1:05:59 know the broader picture or they don't
1:06:00 care the broader picture so whenever we
1:06:03 have these little snapshots this city
1:06:05 this city this city you have to look at
1:06:08 the totality of like where does this
1:06:11 hadithi fit into The Narrative of the
1:06:13 prophet's life
1:06:15 uh peace be upon him right and you and
1:06:18 and the jurists they never just took
1:06:20 these isolated Hadith and made a ruling
1:06:22 out of it you know they they would look
1:06:24 at collections of Hadith and then try to
1:06:27 reconcile them all and then make rulings
1:06:30 that were consistent between all of them
1:06:32 right yeah Jonathan president is a
1:06:34 lovely modern analogy is as if we took a
1:06:37 a single statement from the president of
1:06:39 the United States could be Joe Biden
1:06:40 could be any any of the presidents and
1:06:42 just took that as an absolute statement
1:06:44 uh but that in any regards to all the
1:06:47 other things he may have said and the
1:06:48 occasion on which he said them so was
1:06:50 this statement said by the president in
1:06:52 private was it said to his wife was it
1:06:54 said in public to Congress was it said
1:06:57 on TV we've got to know the context for
1:06:58 and also what about all the other things
1:07:00 he might have said uh on on this issue
1:07:02 and what's the context how was it I mean
1:07:05 there's so many and it's like the Hadith
1:07:06 you know it's just an individual piece
1:07:08 of data uh you've gotta you've got to
1:07:10 find all the other bits of data that are
1:07:12 related to this subject and also
1:07:13 understand historical context and so on
1:07:15 so just like we would any seemingly
1:07:18 random statement of a president we don't
1:07:20 know you have to find out well when was
1:07:21 it said in what context to whom uh you
1:07:25 know how in what sense did he mean it
1:07:27 and these are things you have to look at
1:07:29 you can't just assume them because you
1:07:31 may have said this statement in a moment
1:07:33 of anger to his uh a member of his staff
1:07:36 in private I mean is this meant to be
1:07:38 taken as a public utterance for all time
1:07:40 no it was it was that particular context
1:07:43 so all of these caveats are are missing
1:07:46 I find when people who wish to weaponize
1:07:48 individual sayings uh people do that
1:07:52 with President Biden or any other
1:07:53 president they'll take an individual
1:07:54 statement of a president aha he said
1:07:56 this well actually in context it meant
1:07:58 something slightly different and I guess
1:08:00 this is what some people are like to
1:08:02 distort uh a religion or a faith that
1:08:05 they don't like anyway on other grounds
1:08:08 yeah and and and uh and and I maintain
1:08:13 that there is nothing in the Quran
1:08:14 Sunnah that explicitly allows you to
1:08:17 rape a concubine right there's nothing
1:08:19 that commands it or recommends it or
1:08:21 even permits it and the jurists when
1:08:24 they were formulating rules they
1:08:26 formulated rules on practical matters
1:08:29 they didn't do hypothetical matters
1:08:31 right and the fact that nobody ruled on
1:08:33 it for hundreds of years I think is
1:08:35 evidence that they just weren't doing
1:08:37 that you know they they had a they had a
1:08:39 concept of manhood that precluded them
1:08:42 from doing that they were trying to live
1:08:45 up to the ideals of the Prophet sallam
1:08:47 so they just weren't engaging in that
1:08:49 kind of behavior and that's why it just
1:08:51 doesn't appear in the legal text because
1:08:53 that just was not a common occurrence
1:08:55 and nobody asked about it so nobody made
1:08:58 a ruling about it
1:09:00 um and so so that's that's my opinion
1:09:03 for why there's a silence for this
1:09:05 period of time on this particular issue
1:09:10 um
1:09:11 so that's why the consent for concubines
1:09:14 doesn't exist in the early literature
1:09:17 um but we do know that the prophet
1:09:19 sallallahu alaihi wasallam he prohibited
1:09:22 forced prostitution so like I said a man
1:09:26 couldn't have a concubine and then go
1:09:28 share her with a bunch of different
1:09:29 people you know that's then then he
1:09:32 would be a pimp right and he's forcing
1:09:34 her to do all these things that that is
1:09:36 illegal that comes from uh the prophet
1:09:39 salallahu himself I believe I cited that
1:09:42 one
1:09:43 um and to be fair I just read not long
1:09:46 ago that there are in fact some jurists
1:09:49 who did uh allow that as a concession
1:09:52 okay but even they'll play him uh the
1:09:56 classical scholar he mentioned that as a
1:09:59 false and invalid opinion so you know if
1:10:03 you go into the juristic heritage
1:10:05 you are probably find some terrible
1:10:08 things out there right but those aren't
1:10:11 you know the a lot of those aren't
1:10:13 really the Mainstay of the scholars that
1:10:16 we rely upon today who have these kind
1:10:19 of
1:10:19 bad opinions like that
1:10:22 um so
1:10:23 um uh then there's this interesting
1:10:26 Hadith uh and um
1:10:30 uh incident where uh uh Abu Umama the
1:10:34 companion may Allah be pleased with him
1:10:36 uh he was asked about a wife who owned a
1:10:40 female maid servant right and then she
1:10:45 gave him to her husband and he had
1:10:48 sexual relationships with her
1:10:50 and then uh he the ruling that he he he
1:10:54 basically said this was adultery right
1:10:58 so even if so that that that throws that
1:11:01 other bad opinion we just mentioned out
1:11:03 the window right because there's this
1:11:04 Hadith about it
1:11:06 um so that you know even the wife she
1:11:08 couldn't give her her female
1:11:12 maidservant to her husband to have sex
1:11:14 with I mean that that was not allowed
1:11:17 um
1:11:18 um and uh even though claim he mentions
1:11:21 this uh incident and I think he has the
1:11:26 most explicit
1:11:27 statement about this issue
1:11:30 that I have found right and it comes at
1:11:34 the end of the article but I think it
1:11:35 really
1:11:37 concludes it very well so uh he talked
1:11:41 about like this uh slay this
1:11:45 female slave who was given to Who
1:11:48 belongs to a woman was given to the
1:11:51 husband and the husband had
1:11:53 relationships with her and he forced
1:11:55 himself onto he said that is this is uh
1:12:05 um compulsion to intercourse he didn't
1:12:08 say compulsion to adultery he said
1:12:10 compulsion to intercourse and he said it
1:12:13 is musla musla which is a a strong word
1:12:17 meaning like torture a type of
1:12:19 punishment so the forcing of this
1:12:24 concubine to have
1:12:27 intercourse uh was a a punishable crime
1:12:31 and he said it it would be punishable by
1:12:34 the ruler
1:12:35 so I think and it's interesting because
1:12:37 he said
1:12:40 what
1:12:41 uh not uh
1:12:44 which is what rape would normally have
1:12:47 but but into intercourse right and he
1:12:51 described it as a as a serious crime
1:12:54 um so
1:12:57 so there's that and I I think that
1:12:59 speaks most clearly to the issue of
1:13:02 raping the concubines like that you know
1:13:04 it's it's it's like a form of torture
1:13:06 uh it's a form of
1:13:09 punishment you know and it's a form of
1:13:13 harm and so it's forbidden I mean
1:13:15 there's no question about it
1:13:18 um a couple of points we're getting to
1:13:20 the end here but a couple of points is
1:13:22 that uh the Quran and the prophet saws
1:13:24 he encouraged uh slaves to get married
1:13:29 so he encouraged Muslim to marry slave
1:13:32 women and slave men to get married
1:13:35 um
1:13:36 there was a discussion about whether is
1:13:38 it suitable for a free person to marry a
1:13:40 slave that's you know Oklahoma talked
1:13:42 about that but the Quran does say it
1:13:45 encourages slaves to get married and uh
1:13:49 the prophet
1:13:50 he had a maidservant uh named Sophia and
1:13:55 he uh he freed her and he married her so
1:14:00 he encouraged that himself and then he
1:14:03 practiced that himself and he also said
1:14:05 in another Hadith that I mentioned in
1:14:07 the article that if there's a man who
1:14:10 has a maidservant like so he has a
1:14:13 concubine and he raises her he educates
1:14:16 her he treats her in the best Manner and
1:14:18 then he frees her he will have a double
1:14:19 reward
1:14:20 so he'll have the reward for treating
1:14:22 her well and then he will have the
1:14:25 reward for marrying her so again that's
1:14:28 strong encouragement for uh the female
1:14:32 maidservants to have their status and
1:14:34 Society elevated through marriage to be
1:14:37 freed and then to be married right and
1:14:40 so that's that's the trajectory of where
1:14:43 we would want to go like if you're if
1:14:46 you're following the prophet sallam then
1:14:49 you would treat your slaves
1:14:52 his servants you would treat your
1:14:54 servants well
1:14:55 and then if they're females you would
1:14:58 free them and marry them because he
1:14:59 himself did that right
1:15:02 and
1:15:04 um if there was a con so and then if a
1:15:06 if a master or a custodian owned a had a
1:15:10 concubine with whom he had a
1:15:12 relationship and then she married
1:15:14 another man
1:15:15 then he can no longer have sexual
1:15:18 relations with her right because that
1:15:20 that would be as if she married a
1:15:21 different person right so he he if the
1:15:26 concubine goes and marries another man
1:15:28 then the person who had her under his
1:15:32 custodianship to begin with can no
1:15:33 longer have relationship with her and so
1:15:37 that's another uh analogy that we can
1:15:40 make to marriage that these were the
1:15:41 these concubine relationships they're
1:15:45 not exactly equal to marriage but
1:15:47 they're like marriage in many many
1:15:49 respects and that their exclusive
1:15:50 relationships there's some rights
1:15:53 involved you know you're not allowed to
1:15:54 harm your wife you're not allowed to
1:15:56 harm your concubine
1:15:58 um and as a side point since uh I'll
1:16:01 just mention here about marital rape
1:16:03 just oh yeah because this would come up
1:16:06 um that marital rape wasn't a
1:16:10 uh uh legal it was only it's only been a
1:16:13 legal legal category for the last
1:16:15 hundred years or so it's also something
1:16:16 very new so obviously classical Islamic
1:16:19 law doesn't talk about it
1:16:22 um because like you're allowed to have
1:16:23 sex with your wife and so how is that
1:16:25 rape well we wouldn't call it marinore
1:16:28 we would call it abuse and harm you're
1:16:30 not allowed to abuse and harm your wife
1:16:32 and if you do that she can go to the
1:16:34 judge and get a divorce yeah right so so
1:16:38 this is covered in the law it's just
1:16:39 different languages here's this one
1:16:41 exactly yeah it's a different character
1:16:43 altogether
1:16:45 um
1:16:46 and then finally I put this at the end
1:16:49 uh the Hadith at the end which I think
1:16:51 kind of ties it all together very well
1:16:54 uh is that the prophet sallallahu said
1:16:57 that if you have a servant
1:17:00 who is not suitable for you
1:17:03 then sell him or her to someone else and
1:17:07 do not torture the creation of Allah so
1:17:10 he said that so if you so what that
1:17:13 means is if you have a concubine
1:17:15 you can't have a good relationship with
1:17:17 her
1:17:18 go give her to somebody else and don't
1:17:21 torture her so he said very explicitly
1:17:23 you explicitly do not torture
1:17:27 your servants right and as ibno clam
1:17:31 said like uh forcing someone to to
1:17:35 commit
1:17:36 um intercourse against the will as a
1:17:38 type of torture a different different
1:17:40 word but uh same idea altogether
1:17:44 so for all of those reasons I try to put
1:17:49 all of these things into context I know
1:17:51 it's a very difficult topic and a lot of
1:17:54 Muslims ask me about it still even now
1:17:58 you know a lot of Muslims are having
1:18:00 trouble with it they don't know the
1:18:02 historical context they don't know what
1:18:04 Islamic law says about it you know and
1:18:07 everything like that so I try to put as
1:18:08 much as I can in this article
1:18:10 and
1:18:12 um to kind of clear that doubt
1:18:15 um and
1:18:17 as we said and I think the last article
1:18:20 or last time I talked to you that you
1:18:22 know there were there were feminists who
1:18:25 were not pleased with me for writing
1:18:28 this because you know they're invested
1:18:30 in the Narrative of the patriarchy and
1:18:34 Islamic law needs to be done away with
1:18:36 because it's male dominated and
1:18:37 everything like that
1:18:39 um and I'm trying to show you that no
1:18:41 you're not allowed to rape women you're
1:18:43 not allowed to rape concubines you're
1:18:45 not even allowed to have slaves anymore
1:18:46 because of the there's no conditions in
1:18:49 which slaves can be acquired anymore and
1:18:53 I'm thinking that would be you know you
1:18:55 would welcome that argument
1:18:56 for whatever reason they
1:18:59 they didn't didn't take kindly to it so
1:19:04 um
1:19:05 so that that's that's that's it that's
1:19:08 just it covers just about everything
1:19:11 so thank you very much indeed uh I've
1:19:14 already mentioned uh if you want to read
1:19:16 more uh about this in much more detail
1:19:18 you do have a look at slavery and Islam
1:19:20 Jonathan AC Brown professor in the
1:19:22 states uh is historian
1:19:24 um it's been very well reviewed by
1:19:27 experts uh on the back
1:19:29 um as well
1:19:30 um it's very readable uh and shocking
1:19:33 and also very uh for Muslims
1:19:35 particularly to understand the correct
1:19:36 understanding of of the Sharia
1:19:39 um is also uh highly educational as well
1:19:42 um as I said numerous times I have
1:19:44 linked uh your article Justin in the
1:19:47 description below uh much shorter than
1:19:49 the book of course uh but I do commend
1:19:51 it for its uh Clarity and all the
1:19:54 historical evidence is there uh it's
1:19:56 definitely worth a read to get some
1:19:59 facts under your belt about what Islam
1:20:01 really teaches about concubineage rape
1:20:03 and so-called sexual slavery uh in Islam
1:20:07 um so thank you very much indeed Justin
1:20:09 again for your erudition and your
1:20:12 patients and you know informing us and
1:20:14 sharing your expertise uh with us
1:20:17 um thank you very much so thank you my
1:20:19 pleasure as always until next time
1:20:22 thank you
1:20:24 bye