What Is Islam’s View on the Treatment of War Captives?


Answered by Shaykh Irshaad Sedick

Question

I heard the scholars said the slave women could be forced to bed by the owner and her consent is not legally required?

The women would have lost their families in the war, so they would be extremely scared, frightened, and depressed.

They also say that sex with the slaves was not even necessary and could have easily been prevented by sending them to some camp or prison of some sort.

Answer

In addressing this question, it is important to understand the historical and legal context of slavery as it existed in pre-modern societies, including during the time of the Prophet (Allah bless him and give him peace). Islamic teachings brought significant regulations to mitigate harm, ensure dignity, and eventually guide society toward the abolition of slavery. Here is a nuanced response to your concerns:

Consent and Dignity in Islam

Islam categorically emphasizes the dignity, respect, and humane treatment of all individuals, including enslaved persons.

The notion that a slave woman could be “forced” is inaccurate and does not reflect the holistic teachings of Islam. Any form of physical coercion or harm is prohibited. The Prophet (Allah bless him and give him peace) said: “Your slaves are your brothers and sisters; feed them what you eat and clothe them with what you wear.” [Bukhari; Muslim] This underscores the humane treatment required in all interactions.

Context of War and Captivity

In pre-modern times, the enslavement of war captives was a norm across civilizations. Islam regulated this practice to preserve captives’ rights and offer a path to emancipation.

Integration into households often served as a means of assimilation into society rather than marginalization or mistreatment. The rules surrounding these matters were designed to provide structure and protection, not exploitation.

Emancipation as an Ideal

Islam strongly encourages the emancipation of slaves. Numerous verses in the Quran and prophetic traditions emphasize freeing slaves as an act of piety. For instance:

“Righteousness is in… freeing slaves.” [Quran, 2:177]

The long-term goal of Islamic law was to reduce and eventually eradicate slavery, as seen in its strong encouragement of freeing slaves through zakat, expiation for sins, and other means.

Psychological Considerations

Islam recognizes the emotional and psychological states of all individuals, including captives of war. The Prophet (Allah bless him and give him peace) was known for his unparalleled mercy and compassion, which extended to all, regardless of status.

Any behavior that would cause harm, fear, or distress contradicts the ethical principles of Islam.

Prisons and Alternatives

Historical alternatives such as “camps” or prisons, as understood today, were not feasible in pre-modern societies due to logistical limitations. Instead, integration into households was often seen as a way to provide care, stability, and eventual freedom.

Modern Application

Today, slavery in any form is unequivocally condemned. Islamic scholars universally uphold that slavery is obsolete and that the conditions allowing its permissibility no longer exist. This reflects Islam’s ultimate aim of justice and compassion.

In conclusion, Islam’s approach to slavery aimed to regulate a pre-existing system, minimize harm, and guide society toward justice and liberation. Any act of coercion or exploitation is contrary to Islamic principles of mercy, dignity, and respect for all human beings.

Allah knows best

[Shaykh] Irshaad Sedick
Checked and Approved by Shaykh Mohammad Abu Bakr Badhib

Shaykh Irshaad Sedick was raised in South Africa in a traditional Muslim family. He graduated from Dar al-Ulum al-Arabiyyah al-Islamiyyah in Strand, Western Cape, under the guidance of the late world-renowned scholar Shaykh Taha Karaan.

Shaykh Irshaad received Ijaza from many luminaries of the Islamic world, including Shaykh Taha Karaan, Mawlana Yusuf Karaan, and Mawlana Abdul Hafeez Makki, among others.

He is the author of the text “The Musnad of Ahmad ibn Hanbal: A Hujjah or not?” He has served as the Director of the Discover Islam Centre and Al Jeem Foundation. For the last five years till present, he has served as the Khatib of Masjid Ar-Rashideen, Mowbray, Cape Town.

Shaykh Irshaad has thirteen years of teaching experience at some of the leading Islamic institutes in Cape Town). He is currently building an Islamic online learning and media platform called ‘Isnad Academy’ and has completed his Master’s degree in the study of Islam at the University of Johannesburg. He has a keen interest in healthy living and fitness.