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riage modern islamic scholars consider concubinage no longer permissible as discussed in section below permissibility and number of concubines edit muslim scholars debated whether it was permissible to have concubines and if so how many the majority of pre modern islamic scholars accepted the institution of concubinage however some scholars dissented fakhr al din al razi a twelfth century shafi i scholar believed the quran allows sexual relations only with one s wife 46 the qarmatians sect rejected concubinage as contrary to islam 47 the zaidiyyah considered concubinage distasteful but did not reject it 48 some academics claim that the kharijis rejected concubinage but this claim has been disputed 49 many of the mu tazila considered concubinage haram 50 51 most scholars did not place any limits on the number of concubines a man could have however according to smith they did not encourage the practice either 52 some later islamic scholars especially during ottoman times did not approve of excessively large harem seeing it as contrary to human dignity and violating quranic verse 7 29 53 while muhammad and many sahaba had a concubine or two large scale concubinage would not be practiced until after the muslim conquests 54 umar ii when he became caliph realized he would no longer have time to spend with his concubines and so he freed some of his concubines and sent them back to their family 55 on the other hand hasan is said to have three hundred concubines 56 according to some scholars not just free men but even slaves could have concubines 57 women were forbidden from taking a male concubine 58 who could be a concubine edit concubines in islamic law were slaves since a slave concubine was the only woman a man could have sex with outside of marriage without it being seen as zina 59 the only legal way of acquiring slaves were purchase capture in war receiving as gift or being born into slavery 22 of these the most common source was purchase though in early islam receiving slaves as part of a tribute was another major source 60 not all female slaves could become concubines there were a number of categories of female slaves with whom sexual relations were prohibited if a female slave s status as a slave is in doubt some scholars prohibited sexual relations with her 61 this became a greater concern from 1000 ce onwards as many women were made slaves under dubious circumstances 62 if the slave had started to buy her freedom through installments via mukataba the master could not have sexual relations with her 9 56 a master could have sexual relations with a slave who was already married prior to acquisition because their marriage is nullified by virtue of their entry into islamic nations this was allowed by qur an 4 24 25 a man could not have two sisters simultaneously as wives or concubines thus when muhammad received two sisters as a gift he took one as a concubine but not the other 63 only slaves that were muslim jewish or christian could be concubines sexual intercourse was not allowed with polytheist or zoroastrian slaves 64 many scholars recommended converting a polytheist slave to islam by coercion if necessary before any sexual relations took place 43 however caliph umar argued a slave could not be forcibly converted to islam on the basis of verse 2 256 65 scholars differed as to what constituted conversion uttering the shahada was usually not enough and the woman had to also perform wudhu and pray in order to be considered a convert 64 ibn qayyim argued that conversion of polytheist woman to islam was not necessary for sexual relations with her 43 a man could not take the slave of his wife as a concubine 66 67 nor could he take the concubine of his father as a concubine 66 rights edit concubines in islamic law had a limited set of rights according to brown this set of rights was comparable to the rights children had in islamic law 68 the concubine was owed basic obligations and was to be treated humanely 45 she had the right to basic maintenance 69 including food and shelter citation needed she had the right to physical integrity and protection from what was defined as physical abuse 68 she had the right to religious observances she had a limited right to own property 68 slave mothers had the right not to be separated from their children this rule applied until the child turned six citation needed the hanbali school held that separating other levels of family members e g uncles and aunts was also prohibited whereas the hanafis deemed this strongly discouraged 70 the rights for a concubine who gave birth to a child were significantly higher see section on umm al walad sexual relations edit the master s ability to have sexual relations with her was one of the defining characteristics of a concubine 45 a man could not immediately have sexual relations with a concubine he had to wait one menstrual cycle known as istebra before he could have sexual relations with her 71 one reason was to avoid any doubts of the paternity of a child borne to the concubine if the concubine was pregnant at the time of acquisition the man had to wait until the concubine gave birth before he had sexual relations 71 a man was allowed to practice coitus interruptus with his concubine for contraceptive purposes while a man needed to obtain his wife s permission to practice coitus interruptus with his wife he did not require his concubine s permission to practice coitus interruptus with the concubine 72 prostitution of concubines was prohibited 10 however de facto prostitution by buying and selling concubines was not prohibited since islamic law allowed a man to have sexual intercourse with his female slave in accordance with the principle of islamic slave concubinage prostitution was practiced by way of a pimp selling his female slave on the slave market to a client who was allowed to have intercourse with her as her new owner and who then returned his ownership of her to her pimp on the pretext of discontent after having had intercourse with her which was an accepted method for prostitution in the islamic world for centuries and still used during the era of ottoman empire 73 if a concubine committed adultery her punishment was half of that of a free woman 21 modern scholars have debated on whether the consent of the concubine was important in sexual relations a hasan graded hadith of muhammad talks about the consent of the concubine in sexual relations salamah ibn al muhabbiq reported a man had intercourse with the servant girl of his wife so the matter was referred to the prophet peace and blessings be upon him the prophet said if she had done so willingly then she belongs to him and he must pay the likes of her price if he had forced her then she is free and he must pay the likes of her price grade hasan fair musnad ahmad 20060 74 however it is not confirmed whether this ruling refers specifically to sexual relations with female slaves that one does not own or female slaves in general tamara sonn writes that concubines could not be forced into sexual relations 75 intisar rabb also argues that sexual relations with a concubine were subject to both parties consent 76 according to kecia ali the qurʾanic passages on slavery differ strikingly in terms of their terminology and main preoccupations compared to the jurisprudential texts that the text of the qurʾan does not permit sexual access simply by the virtue of her being a milk al yamīn or concubine and that this can be a defensible theological claim however kecia ali has said its questionable if jurists took this stance as she could not recall in any instance of any maliki hanafi shafiʿi or hanbali text from the 8th to 10th centuries where anyone asserts that an owner must obtain his female slave s consent before having sex with her 77 however according to islamic law and the hadith consent is required from both parties before marriage regardless of the woman s status 78 other scholars have pointed out that the modern conception of sexual consent came about only in the 1970s and so it makes little sense to project it backwards onto classical islamic law 79 premodern muslim jurists rather applied the harm principle to judge sexual misconduct including between a master and concubine 80 concubines could complain to judges if they were being subjected to what was defined as sexual abuse 57 according to the 15th century scholar al bahūtī if a concubine was injured during sex her master had to set her free 57 umm al walad edit main article umm al walad umm walad mother of child is a title given to a woman who gave birth to her master s acknowledged child 81 82 in early islam caliph umar had decreed several rights for a concubine who gave birth to a child her master chose to acknowledge as his 83 she cannot be separated from her child or sold she is a free woman at the death of her master the child is free and legally equal to the children from the master s wife these rules gave more rights to slaves than were given in roman and greek laws where the child of a slave was also considered a slave 84 by contrast in islamic law if either the father or mother was free the child would be considered as free 84 this was similar to the rights of slaves in sassanian iran 83 while muhammad is said to have a child from maria the copt according to some sources his concubine other sources say his wife the rules of umm al walad were explicitly stated after his death 10 the children born of a man s concubine had the exact same status as the children born of the wife 56 lineage was determined by the father not the mother these rules had a tremendous impact on the nature of slavery in the muslim world children borne to slaves often rose to leadership positions in the family and community according to one estimate 34 out 37 abbasid caliphate rulers had been borne to a slave many notable medieval muslim rulers from central asia to zanzibar in africa had been borne to a slave 83 many islamic jurists opined that the concubine gains the status of umm walad even if she miscarries 85 islamic jurists also grappled with the issue of conclusively determining who the father of the concubine s child was the first option was for the owner to acknowledge his paternity this was the usual case 86 and was also done by many abbasid caliphs 87 if the owner denied ever having intercourse with his concubine she would have to mount a legal defense against him the third case was when the owner had not made an explicit declaration either way maliki jurists granting the concubine the status of um walad in this third case 87 majority of jurists did not allow the man to deny paternity of the concubine s child though the hanafis disagreed 88 seclusion and dress code edit a reclining odalisque painted by gustave léonard de jonghe c 1870 there were various opinions on the seclusion and public dress code of concubines abu hanifa and al shaybani stated that a concubine s chastity should be protected and she should be established inside the home 9 al mawardi said that while there was no legal requirement for the concubine to be secluded this is to be done according to customary practice 89 scholars differed from what the awrah of a concubine was owing to her slave status it is reported that umar prohibited female slaves from resembling free women by covering their hair 90 some scholars have disputed the authenticity of this report citation needed later islamic jurists said that it was preferred that slaves cover their body so as not to cause fitna temptation 90 according to ibn abidin most hanafi scholars did not allow a female slave s chest breasts or back to be exposed 90 however according to pernilla myrne hanafis allowed other men to see and touch a slave s arms breasts and legs 91 ibn qayyim argued that the dress code of a concubine was different from the dress code of other female slaves 9 marriage edit the quran prefers that a man marry his concubine as opposed to having sexual relations with her as a slave 10 marriage between free men and concubines is encouraged 22 if a man wishes to marry his concubine he must free her prior to marriage 23 this was a means of emancipation for concubines 23 a concubine could also be married off by her master to another man in which case her master lost the right to have sexual relations with her 92 although he retained ownership of her 23 this often happened when the master wished to marry his female slave to a male slave 93 the master did not need to take the concubine s consent into account when marrying her off when a concubine is married according to javed ahmad ghamidi she must be paid her dowry as this could bring her gradually equal in status to free women 94 95 page needed other edit both wives and concubines could inherit from a man however whereas the wife got a guaranteed inheritance the concubine s inheritance was dependent on the man s bequest court documents from 19th century cairo show that concubines often ended up with more inheritance than wives 96 modern views edit the vast majority of muslims today do not consider concubinage as acceptable in today s world 2 according to smith the majority of the faithful eventually accepted abolition as religiously legitimate and an islamic consensus against slavery became dominant though this continued to be disputed by some literalists 97 3 islamic thinkers have applied a variety of methods to argue against concubinage and slavery one argument is that muhammad temporarily allowed slavery only because it was a major socio economic force and could not be immediately abolished 98 a similar argument was made by christian abolitionists when asked why jesus did not condemn slavery 99 a different argument is that the abolition of slavery is implicit in the quran but earlier generations of muslims did not see it as they were blinded by the social circumstances of their time 100 yet another argument is the slavery is not forbidden but the specific circumstances that made it permissible in the past have ceased to exist 100 for example some argue that muslim countries must adhere to the anti slavery treaties that they have signed abolition edit the abolition of slavery in the muslim world was a process that mainly took place in the 19th and 20th centuries though there were some early abolitionist precursors among muslims in africa 101 in 1841 the ruler of tunisia himself the son of a concubine abolished slavery by decreeing that all slaves requesting freedom must be released this decree was supported by the hanafi and maliki muftis 102 in 1848 shia ulema in najaf allowed the iranian shah to declare slavery illegal 102 in the indian subcontinent early anti slavery views came from syed ahmad khan many early islamic abolition movements were opposed by conservative clergy for example egyptian clerics muhammad abduh and rashid rida were opposed by most of their contemporary jurists 103 the abolition movement starting in the late 18th century in england and later in...