Why is it permissible in Islam to marry female captives?

Given that we have already dealt with the political and social aspects of slaveholding in our previous answers, here we will study two more issues concerning the subject matter: 1. The reason and philosophy behind the legality of conjugal relations with female captives 2. Why doesn’t this relationship require a formula like marriage and other contracts?The reason and philosophy behind Islam permitting marriage with female captives can be explained as follows: While the capture of women as prisoners is an unfortunate and bitter outcome of battles between warring nations, it is also a reality that is common to both the past and the present. Undeniably, the women that were captured and taken captive in wars were a part of the enemy’s army, and to release them would only assist the enemy in recuperating their lost numbers and strengthening their army. As a result, it would be completely illogical to release these captives unconditionally. In addition, keeping them in custody was also not a proper solution.A feasible solution would be to employ these captives in positions of work such as mines, agricultural fields, etc., but this would mean denying them the fulfillment of their sexual drives which could give rise to very undesirable complications, moral and ethical degradation of the women. If these prisoners have their emotional and physical needs met within reasonable limits, these adverse effects can be avoided.Furthermore, if a big number of people are excluded from the society, the consequences would be graver because it would give rise to an impure generation in the society, a generation that will end up taking a position against moral and ideological values. In other words, they would represent the enemy’s thought and ideology and if this stance is not adopted, then there would come into a population which is practically incompatible with the moral values of the society. Therefore, Islam officially recognized the permissibility of conjugal relations with them under specific circumstances. Such relations are thus considered within the realms of Islamic Shari’ah and intended to improve the social well-being of the parties concerned and society at large.As for why the permissibility of conjugal relations with female captives does not require recitation of a formula and her consent, we must say that:The words are indicative of one’s will and intention. In other words, they are subject to men’s consideration because the words shall have no import or meaning unless some people decide to consider meanings for them. Thus, the meanings of the words are subject to men’s considerations. For example, in order for a free woman to become halal for a man, a special sermon and formula is recited which is undoubtedly conventional and subject to human-made rules and human considerations. Thus, the principal criterion in this respect is the social and conventional considerations and the words simply signify those social considerations. It does not indicate anything more than that. Hence, the words do not create meanings rather they indicate the meanings which men themselves have considered for them in the outside world. The fact that conjugal relations with the female captives in those times did not require a formula or conclusion of a marriage contract was based on the social conventions that were prevalent in those times. Islam has accepted those considerations together with some conditions, albeit under specific circumstances. .

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Created in 1400/12/21

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