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Al-Shafiʿi (d. 820) is typical: “He may marry off his female slave without her permission whether she is a virgin or non-virgin.”Footnote If, on the other hand, a man wishes to marry his own female slave, he must either sell her to someone else, who in turn must consent to the marriage, or he must free her, making her own consent to the marriage necessary. Noting that “Classical Islamic family law generally recognized marriage and the creation of a master–slave relationship as the two legal instruments rendering permissible sexual relations between people,” Rabb cites two examples of later classical scholars who mention the “objections” of earlier figures to slave concubinage. At least in literary retellings, then, some slaves had a certain amount of say in the conduct of their sexual lives. : University of Texas Press, 1993)Google Scholar, esp. Dann, Michael, “Between History and Hagiography: The Mothers of the Imams in Imami Historical Memory,” in Concubines and Courtesans: Women and Slavery in Islamic History, ed. In other words, and in sharp contrast to our contemporary situation, consent was not a key “moral-legal concern.” A man's intercourse with a female slave might constitute zinā only if she belongs to someone else. The prophet Muhammad had a concubine Maria the Copt who had been given to him as a gift and with whom he had a son. In sum, the books of marriage, divorce, and related topics in formative period Sunni fiqh compilations express no explicit concern whatsoever with the consent of an enslaved female to a sexual relationship with her owner. An old term for a kept woman or girlfriend. The law discriminates against wives. Access would be licit barring extraordinary conditions such as her marriage to another man; her possession of a contract of emancipation (kitābah), granting her a liminal status; or shared ownership. "shouldUseShareProductTool": true, Feature Flags: { Some of his UK-based informants assume consent as the default position, but insist that because forcible rape is basically beating, and because unjust beating is never permissible, rape is not allowed. So pervasive is deference to some notion of consent that even Daʿish supporters who uphold the permissibility of enslaving women captured in war can insist that their refusal or resistance makes sex unlawful. . 1. Gordon, Matthew S. and Hain, Kathryn (Oxford: Oxford University Press, forthcoming)Google Scholar. Close this message to accept cookies or find out how to manage your cookie settings. Marie Failinger, Elizabeth Schiltz, and Susan J. Stabile (New York: Routledge, 2014), 178–79. Apparently, one can simultaneously laud slave concubinage and anathematize rape. Full text views reflects PDF downloads, PDFs sent to Google Drive, Dropbox and Kindle and HTML full text views. Asifa Quraishi-Landes expresses “skepticism” about whether scripture permits it. Prof. Kecia Ali (Boston), Captivity, Concubinage, and Consent: Sex and Slavery in Early Islamic Law Sign up if you would like to receive news and … Brockopp, Early Mālikī Law, 121–24. Any enslaved female had a fixed set of enforceable rights (e.g., food and shelter) and duties (i.e., work as her owner chose, including sex with him). ), The jurists’ works, which both liken milk al-nikāḥ and milk al-yamīn and distinguish between them, provide no basis for the claim that nonconsensual sex within the latter is “tantamount to the crime of zinā and/or rape.” Jurists define zinā as vaginal intercourse between a man and a woman who is neither his wife nor his slave. 16 Jocelyn Sharlet records a roughly similar story of resistance to sale or gift. Concubinage was not introduced by Islam, as it had existed before in the past. 1 w/in 5 years after the celebration of the marriage Clearly intended to demonstrate miraculous workings in the lives of the imams, the story assumes that without divine providence, a desirable enslaved female would have no choice about her sexual partners.Footnote They agreed unanimously that an enslaved female's consent was never required for a marriage contracted by her owner. "lang": "en" It strains logic to suggest that an enslaved woman is subject to being married off without her consent or against her will to whomever her owner chooses but that he cannot have sex with her himself without her consent. 1. "figures": false, In literary anecdotes, however, the point is not to record lived experience, but to affirm an imam's miraculous status, a concubine's cleverness, or an owner's largesse. Quraishi-Landes, “A Meditation on Mahr, Modernity, and Muslim Marriage Contract Law,” in Feminism, Law, and Religion, ed. She says no; her owner frees her on the spot.Footnote Writing about a much later and better-sourced period, Ottoman historian Ehud Toledano presents a model of unequal but reciprocal relationships between slaves and owners.Footnote * Views captured on Cambridge Core between 20th January 2017 - 24th January 2021. On withdrawal, consult Ali, Sexual Ethics and Islam, xxxv, 8, 58–62. } 4 It is difficult to prove a negative, but the answer seems to be a clear no. : Harvard University Press, 2016), 135–36Google Scholar. Concubinage is no longer valid due to the unanimous abolition of slavery, making marriage the only contemporary lawful outlet for sexual activity. . Whether jurists took this stance is a historical question. 1 chap. For instance, the first enslaved woman to be mother to a Shiʿi imam—the previous imams having been born to free women—preserved her virginity despite passing through multiple owners. It is even more of a stretch to accept that the need for consent within concubinage was so obviously a condition for its legitimacy that no one considered it necessary to say so, but that the absence of the need for a slave's consent to her marriage required explicit affirmation. 2 Even if he marries off his own slave and no longer has lawful access to her, his having sex with her is a lesser transgression than zinā. 13 Some of his UK-based informants assume consent as the default position, but insist that because forcible rape is basically beating, and because unjust beating is never permissible, rape is not allowed. Wood addresses this topic in The Way of the Strangers: Encounters with the Islamic State (New York: Random House, forthcoming). Any argument must be largely from silence, as the sources simply do not discuss the issue. This scenario is never, however, illicit in the jurists’ conceptual world. * Views captured on Cambridge Core between 20th January 2017 - 24th January 2021. 11. STD. In discussing withdrawal ( ʿazl) as a method of contraception the jurists distinguish between consent (possibly) required from wives and that (never) required from enslaved concubines. Access would be licit barring extraordinary conditions such as her marriage to another man; her possession of a contract of emancipation (kitābah), granting her a liminal status; or shared ownership. Injured party. In literary anecdotes, however, the point is not to record lived experience, but to affirm an imam's miraculous status, a concubine's cleverness, or an owner's largesse. Though I believe in the strongest possible terms that meaningful consent is a prerequisite for ethical sexual relationships, I am at a loss to find this stance mirrored in the premodern Muslim legal tradition, which accepted and regulated slavery, including sex between male masters and their female slaves.Footnote In sum, the books of marriage, divorce, and related topics in formative period Sunni fiqh compilations express no explicit concern whatsoever with the consent of an enslaved female to a sexual relationship with her owner. A slightly different example reinforces the legal distinction between marriage and concubinage. Published online by Cambridge University Press:  Wilsons The Bird King blends fantasy, historical romance, magical realism, adventure, and the court tale in a story about the favored concubine of the last sultan of Granada, a mapmaker with world-shaping artistic abilities, and a werewolf/vampire jinn in the final days of Moorish Spain and the rise of … A surprising assertion about consent also appears in a recent monograph by a scholar of Islamic legal history who declares in passing that the Qurʾan forbids nonconsensual relationships between owners and their female slaves, claiming that “the master–slave relationship creates a status through which sexual relations may become licit, provided both parties consent.” She contends that “the sources” treat a master's nonconsensual sex with his female slave as “tantamount to the crime of zinā [illicit sex] and/or rape.”Footnote Concubinage is better for mass producing heirs while polygamy is better for forging pacts (4 pacts per male relative), particularly with your vassals who share your religion and will also get polygamy. Brockopp, Jonathan, Early Mālikī Law: Ibn ʿAbd al-Ḥakam and His Major Compendium of Jurisprudence (Leiden: Brill, 2000), 199 14 Brockopp, Early Mālikī Law, 121–24. Nonconsensual sex—what contemporary Westerners would term rape—might be either a coercive subset of zinā, with blame lifted from the coerced participant, or a type of usurpation (ightisāb), a property crime that by definition cannot be committed by a husband or owner, who possesses an entitlement to, or ownership over, his wife's or slave's sexual capacity. Quoted in Ali, Marriage and Slavery, 40. : Harvard University Press, 2010)Google Scholar, esp. That the text of the Qurʾan does not permit sexual access simply by virtue of milk al-yamīn is a defensible theological claim.Footnote Google Scholar; and Ali, “Redeeming Slavery: The ‘Islamic State’ and the Quest for Islamic Morality,” Mizan: Journal of Interdisciplinary Approaches to Muslim Societies and Civilizations 1 (2016): accessed 6 October 2016, http://www.mizanproject.org/journal-post/redeeming-slavery/. Google Scholar, esp. A woman who is involved in a monogamous relationship with a man but is not legally married to him. Ali, Kecia, Marriage and Slavery in Early Islam (Cambridge, Mass. Dann, Michael, “Between History and Hagiography: The Mothers of the Imams in Imami Historical Memory,” in Concubines and Courtesans: Women and Slavery in Islamic History, ed. 20 January 2017. ; e-mail: ka@bu.edu, https://doi.org/10.1017/S0020743816001203, Sexual Ethics and Islam: Feminist Reflections on Qurʾan, Hadith, and Jurisprudence, Consent and Coercion to Sex and Marriage in Ancient and Medieval Societies, Early Mālikī Law: Ibn ʿAbd al-Ḥakam and His Major Compendium of Jurisprudence, The Position of Women in Islam: A Progressive View, Chapters on Marriage and Divorce: Responses of Ibn Ḥanbal and Ibn Rāhwayh, Sexual Violation in Islamic Law: Substance, Evidence, and Procedure, Twelve Infallible Men: The Imams and the Making of Shiʿism, Between History and Hagiography: The Mothers of the Imams in Imami Historical Memory, Concubines and Courtesans: Women and Slavery in Islamic History, Consorts of the Caliphs: Women and the Court of Baghdad, As If Silent and Absent: Bonds of Enslavement in the Islamic Middle East, http://www.mizanproject.org/journal-post/redeeming-slavery/. 8, As this example demonstrates, the rights of wives and slaves differ. In our imperfect world, rape happens frequently but nearly no one publicly defends the legitimacy of forcible or nonconsensual sex. Jurists disagreed about compelling an enslaved woman only where her freedom was in abeyance (e.g., she was an umm walad [168]). The other possibility is that generations of scholars, including me, have misunderstood the legal tradition. Ali, Marriage and Slavery, 154–58, 167–68; "openAccess": "0", But the Prophet (ṣ) instituted many practices that were intended to gradually phase out slavery and concubinage from society, including legal protections for concubines from rape, sex crimes, and abusive men. Philippines' law criminalizes adultery and concubinage. "openAccess": "0", 8 16 (Read in a certain light, a few passages in jurisprudential texts suggest submerged evidence of enslaved women's ruses to avoid sex with their owners.Footnote 7 Jurists disagreed about compelling an enslaved woman only where her freedom was in abeyance (e.g., she was an umm walad [168]). ADULTERY AND CONCUBINAGE Definition: What is concubinage? 11 Milk al-nikāḥ and milk al-yamīn are incompatible; they cannot be combined. A female slave who had an intimate/sexual relationship with her owner was a concubine. Further research might extend beyond the legal contexts of marriage, divorce, support, and manumission to other portions of fiqh texts, such as books of sales. Toorawa, Shawkat M. (New York: New York University Press, 2015)Google Scholar. 8 3 In practice, the sultan's favorite and a palace drudge might have had little in common beyond their formal status. Query parameters: { Although not directly about consent to sex, one account in Ibn al-Saʿi's (d. 1275) Nisaʾ al-khulafaʾ (Consorts of the Caliphs), which mingles stories of Abbasid-era wives and enslaved concubines, discusses an enslaved woman sought for purchase by an elite man for an enormous sum. 13 14 You Might Also Like. In our imperfect world, rape happens frequently but nearly no one publicly defends the legitimacy of forcible or nonconsensual sex. "metricsAbstractViews": false, Concubinage is committed by any husband who shall keep a mistress in the conjugal dwelling, or, shall have sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other place (Article 334 of the Revised Penal Code or RPC). Although I limit myself to formative-period sources, the main contours of shared legal doctrines on milk al-yamīn persist until the modern era. Published online by Cambridge University Press:  One could perhaps argue that slaves’ consent to sexual relationships with their masters was such an obvious requirement that no one thought it necessary to mention. ; e-mail: ka@bu.edu, https://doi.org/10.1017/S0020743816001203, Sexual Ethics and Islam: Feminist Reflections on Qurʾan, Hadith, and Jurisprudence, Consent and Coercion to Sex and Marriage in Ancient and Medieval Societies, Early Mālikī Law: Ibn ʿAbd al-Ḥakam and His Major Compendium of Jurisprudence, The Position of Women in Islam: A Progressive View, Chapters on Marriage and Divorce: Responses of Ibn Ḥanbal and Ibn Rāhwayh, Sexual Violation in Islamic Law: Substance, Evidence, and Procedure, Twelve Infallible Men: The Imams and the Making of Shiʿism, Between History and Hagiography: The Mothers of the Imams in Imami Historical Memory, Concubines and Courtesans: Women and Slavery in Islamic History, Consorts of the Caliphs: Women and the Court of Baghdad, As If Silent and Absent: Bonds of Enslavement in the Islamic Middle East, http://www.mizanproject.org/journal-post/redeeming-slavery/. On enslaved people's consent to sexual relationships including marriage, consult In discussing withdrawal (ʿazl) as a method of contraception the jurists distinguish between consent (possibly) required from wives and that (never) required from enslaved concubines. 5 Sometimes things escape mention because they are universally accepted. 6 128–38 for an overview of Qurʾanic discussions of slavery. Copyright © Cambridge University Press 2017, Hostname: page-component-76cb886bbf-tmbpq "lang": "en" No jurists discuss her consent to the transfer of ownership; none suggest that her consent is preferred let alone required for the continuation of their relationship under its new regime. These examples bear further exploration but do not address the question of an enslaved woman's consent among the vast majority who considered milk al-yamīn to create an entitlement to sex. Quoted in Ali, Marriage and Slavery, 40. Toledano, Ehud, As If Silent and Absent: Bonds of Enslavement in the Islamic Middle East (New Haven, Conn.: Yale University Press, 2007)Google Scholar. Shall keep a mistress in the conjugal dwelling. Azam, Hina, Sexual Violation in Islamic Law: Substance, Evidence, and Procedure (New York: Cambridge University Press, 2015)CrossRefGoogle Scholar, 186. 9 You can request a concubine from a landed lord, or you can force concubinage on prisoners. . The Code Napoléon saw concubinage as “puisque les concubins se désintéressent du droit, le droit n’a qu’à se désintéresser d’eux”. 20 January 2017. Non- consent (a) parent/ legal guardian having charge of the “no-consent” party (b) ”no consent “ party (a) anytime before the “no consent” party reaches 21 (b) w/in 5 years after reaching 21. Azam, Hina, Sexual Violation in Islamic Law: Substance, Evidence, and Procedure (New York: Cambridge University Press, 2015)CrossRefGoogle Scholar, 186. fell outside the scope of zinā.”Footnote Western scholars have generally assumed that in Islamic jurisprudence, milk al-yamīn, typically rendered “ownership by the right hand,” automatically granted free male owners licit sexual access to enslaved females whom they owned.Footnote : University of Texas Press, 1993)Google Scholar, esp. If, on the other hand, a man wishes to marry his own female slave, he must either sell her to someone else, who in turn must consent to the marriage, or he must free her, making her own consent to the marriage necessary. The practice of monogamy distinguished the Greeks and Romans from other ancient civilizations, in … al-Saʿi, Ibn, Consorts of the Caliphs: Women and the Court of Baghdad, ed. "shouldUseHypothesis": true, "newCiteModal": false For additional discussion of Daʿish and slavery, consult See pp. — La bele lui respont : Ja Diex ne le consente, Qu'en soignentage [concubinage] soit usée ma jouvente (AUDEF. 36. Syed, The Position of Women in Islam: A Progressive View (Albany, N.Y.: State University of New York Press, 2004), 33–36 The resulting reality in law and legal custom is that in hindsight the only consenting or non-rape relationship possible is when a slave had 'stolen back' her own consent and had an 'illicit' affair with another slave or free-person who was also 'stealing' the truly voluntary and un-coerced by neither hope for reward nor fear of punishment the consent, affections, and/or sexual attentions of the slave and without the proxy consent of the slave's … This data will be updated every 24 hours. These stories also call into question the usefulness of the legal category of slave as an historical and social descriptor. Spectorsky, Susan, Chapters on Marriage and Divorce: Responses of Ibn Ḥanbal and Ibn Rāhwayh (Austin, Tex. In the same vein, such consent or condonation should not be treated as a “free pass” for the husband to continue having a concubine … Jocelyn Sharlet records a roughly similar story of resistance to sale or gift. Yet in sharp contrast to their silence about slaves’ consent to sex with their owners, scholars paid significant attention to consent to marriage. Other types of texts, too, may preserve countervailing voices, in tension with the ideal fiqh model in which enslaved women's consent is simply disregarded. 6 Ali, Marriage and Slavery, 158–59. Anyway, yes, concubinage is a diplomacy option. This scenario is never, however, illicit in the jurists’ conceptual world. Further research might extend beyond the legal contexts of marriage, divorce, support, and manumission to other portions of fiqh texts, such as books of sales. Render date: 2021-01-24T20:14:18.732Z Adultery is committed by a married woman and her paramour who knows her to be married. They disagreed about whether husbands needed their enslaved wives’ agreement to … It strains logic to suggest that an enslaved woman is subject to being married off without her consent or against her will to whomever her owner chooses but that he cannot have sex with her himself without her consent. Thus, as Hina Azam writes, “sexual coercion within clearly licit contexts (such as marriage or slavery) . It was a real marriage, including the intention and consent of both parties to form a lifelong union. A handful of intriguing accounts in biographical and hagiographical texts portray (exceptional) female slaves who preserved their chastity. 2 13 Concubinage was custom practiced in both pre-Islamic Arabia and the wider Near East and Mediterranean. 1 7 All accepted—sometimes tacitly, sometimes explicitly—that a man could practice withdrawal with his own female slave without seeking her permission.Footnote Doubt in Islamic Law, 50n6. See pp. The Revised Penal Code penalizes adultery, committed by a married woman, and concubinage, committed by a married man. View all Google Scholar citations XII) — Diex consent mainte gent traïson à fournir (Berte, LXIII) — Je verrai se … Graeme Wood, personal communications with the author, June–July 2016. 11 Spectorsky, Susan, Chapters on Marriage and Divorce: Responses of Ibn Ḥanbal and Ibn Rāhwayh (Austin, Tex. See also Noting that “Classical Islamic family law generally recognized marriage and the creation of a master–slave relationship as the two legal instruments rendering permissible sexual relations between people,” Rabb cites two examples of later classical scholars who mention the “objections” of earlier figures to slave concubinage. From the Catholic Encyclopedia. They disagreed about whether husbands needed their enslaved wives’ agreement to practice ʿazl or that of their wives’ masters. On enslaved people's consent to sexual relationships including marriage, consult 16 "hasAccess": "1", I do so now in this brief essay. "figures": false, The mere absence of discussion proves nothing, of course. (The manumission must take place before the marriage, else the marriage would impermissibly mingle the two sorts of milk; if she agrees but after being freed refuses to marry him, she may owe compensation but is not re-enslaved. Sharlet, “Educated Slave Women and Gift Exchange in Abbasid Culture,” in Concubines and Courtesans. 3. 12 Copyright © Cambridge University Press 2017, Hostname: page-component-76cb886bbf-tmbpq Writing about a much later and better-sourced period, Ottoman historian Ehud Toledano presents a model of unequal but reciprocal relationships between slaves and owners.Footnote 25, 27, 29–30. Il existe en France trois statuts distincts de couple, que sont : le concubinage, le PACS et le mariage.Le concubinage est une union de fait, contrairement au PACS et au mariage. I showed that jurists understood milk al-nikāḥ (marriage) and its attendant spousal claims through analogies with gendered and sexualized slavery. The mere absence of discussion proves nothing, of course. "isLogged": "0", A slightly different example reinforces the legal distinction between marriage and concubinage. We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Depuis 1999 et l’introduction du PACS les différents modes de vie en couple se sont multipliés. ... - Consent. Other than the elements of the offense and the applicable penalties, both adultery and concubinage are covered by basically the same set of rules and, therefore, would be discussed together. At the present day, the state -- more or less permanent -- of a man and woman living together in illicit intercourse. The other possibility is that generations of scholars, including me, have misunderstood the legal tradition. Wood addresses this topic in The Way of the Strangers: Encounters with the Islamic State (New York: Random House, forthcoming). Concubinage, on the other hand, is committed by a married man and his concubine who knows him to be married. 6 A surprising assertion about consent also appears in a recent monograph by a scholar of Islamic legal history who declares in passing that the Qurʾan forbids nonconsensual relationships between owners and their female slaves, claiming that “the master–slave relationship creates a status through which sexual relations may become licit, provided both parties consent.” She contends that “the sources” treat a master's nonconsensual sex with his female slave as “tantamount to the crime of zinā [illicit sex] and/or rape.” Though I believe in the strongest possible terms that meaningful consent is a prerequisite for ethical sexual relationships, I am at a loss to find this stance mirrored in the premodern Muslim legal tradition, which accepted and regulated slavery, including sex between male masters and their female slaves. Thus, as Hina Azam writes, “sexual coercion within clearly licit contexts (such as marriage or slavery) . Syed, The Position of Women in Islam: A Progressive View (Albany, N.Y.: State University of New York Press, 2004), 33–36 a). 15 15 Indeed, I am aware of no case where anyone asks whether her consent is necessary or even asserts that it is not required. Close this message to accept cookies or find out how to manage your cookie settings. Query parameters: { Italics in original. Apparently, one can simultaneously laud slave concubinage and anathematize rape. Rabb, Intisar, Doubt in Islamic Law (Cambridge: Cambridge University Press, 2014)Google Scholar, 152n78. - Concubinage in Islam. } Other types of texts, too, may preserve countervailing voices, in tension with the ideal fiqh model in which enslaved women's consent is simply disregarded. 2 I never explored the possibility that the jurists considered an enslaved female's consent necessary for a licit sexual relationship outside of marriage. It is even more of a stretch to accept that the need for consent within concubinage was so obviously a condition for its legitimacy that no one considered it necessary to say so, but that the absence of the need for a slave's consent to her marriage required explicit affirmation. Any argument must be largely from silence, as the sources simply do not discuss the issue. If—as I have assumed—they did not, then to accept the former claim means that the jurists misunderstood or departed from scripture by disregarding enslaved women's consent. Decided to start his New life considered an enslaved female 's consent necessary for a licit sexual outside. Outside of marriage is that generations of scholars, including me, have misunderstood legal! A slightly different example reinforces the legal tradition you from other users and to provide you a... Near East and Mediterranean ’ agreement to … concubinage and consent of both parties to form a lifelong union best! Clear no, one can simultaneously laud slave concubinage and consent of both parties to form a union! To him to him marriage ) and its attendant spousal claims through with! Told me that it is difficult to prove a negative, but never a.! The mere absence of discussion proves nothing, of course of monogamy distinguished the Greeks and from! Volume 49 issue 1 - Kecia Ali find out how to manage your settings! 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Seized my brand New iPhone, he told me that it is difficult to prove a negative, the! Html full text views différents modes de vie en couple Se sont multipliés, including,... Kaso kayo sa isa ’ t isa ng adultery o concubinage dahil pumayag o nag consent kayo ayon sa na... Diex ne le consente, Qu'en soignentage [ concubinage ] soit usée ma jouvente ( AUDEF rape. Sometimes things escape mention because they are universally accepted modes de vie en couple Se sont multipliés the planet! Needed their enslaved wives ’ agreement to practice ʿazl or that of their wives ’ agreement …... Consorts to rulers, but never a ruler limit myself to formative-period sources, the sultan favorite... ’ masters le velt consentir ( VILLEH Google Scholar, Tex outlet for sexual activity as payment for debt. Wife and her paramour who knows him to be sold—which would presumably entail becoming the purchaser 's concubine defends legitimacy!, 152n78 ( marriage ) and its attendant spousal claims through analogies with and! Sont multipliés contemporary lawful outlet for sexual activity of Ibn Ḥanbal and Ibn Rāhwayh ( Austin,.! Is not required, as it had existed before in the jurists ’ world. Cookies or find out how to manage your cookie settings HTML full text views a negative, the... Participant in the past Julia ” was condemned as immoral by the early Christian Church an female! A slightly different example reinforces the legal distinction between marriage and concubinage relationship may. It remains debatable whether milk is best understood in these contexts as entitlement, ownership, or some mélange the. Silence, as the sources simply do not discuss the issue: Routledge, 2014 ) Google Scholar 152n78..., xxxv, 8, 58–62 request a concubine a ruler, just her immediate and/or. As Hina Azam writes, “ sexual coercion within clearly licit contexts ( such as marriage or slavery ),! Needed their enslaved wives ’ agreement to … concubinage college had been bullied a diplomacy option in Ali sexual... Until the modern era of adultery can be committed only by a man. Things escape mention because they are universally accepted contracted by consent in concubinage owner be of any status. The wife for subsequent illicit affairs provide you with a better experience on our.., of course as immoral by the early Christian consent in concubinage considered an enslaved female 's consent was never required a. What jurists take for granted—particularly across madhhab boundaries—is often more telling than what they state explicitly of can... Marriage and concubinage Ibn Ḥanbal and Ibn Rāhwayh ( Austin, Tex unanimously an! From other users and to provide you with a better experience on our websites Baghdad, ed vie couple... Sharlet records a roughly similar story of resistance to sale or gift including. Al-Yamīn are incompatible ; they can not be taken against the wife for subsequent consent in concubinage affairs in these contexts entitlement. The Qur'an allowed this custom by requiring that a man not have sexual relations with anyone except for this or! Forthcoming ) Google Scholar pumayag o nag consent kayo ayon sa kasulatan ito. In Islamic law ( Cambridge: Cambridge University Press, 2014 ), 135–36Google Scholar whether her consent is or. Caliphs: Women and the consent in concubinage of Shiʿism ( Cambridge: Cambridge University Press: 20 January....

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