Sexual Relations with Concubines Without Marriage

Objection:

Establishing a sexual relationship with concubines without marriage is merely "lust-driven" (carnal desire), which appears to contradict Islam's own principles of chastity.

Response:

Let us evaluate the objection raised regarding intimacy (sexual relations) with concubines without marriage through the following points:

1. The Legal and Rational Standard of Lawfulness and Prohibition

Islam is a religion based not merely on customs and traditions, but on divine reality and law. Just as "Nikah" (marriage)—through the command of Allah and the utterance of a few words of proposal and acceptance—makes an unrelated man and woman lawful for each other, similarly, Allah Almighty declared "Milk al-Yamin" (legal possession/right-hand possession) as a valid, lawful foundation for a sexual relationship.

Multiple verses of the Holy Quran explicitly state that there are only two lawful forms of sexual relations: a wife or a concubine.

 اِلَّا عَلٰٓى اَزْوَاجِهِـمْ اَوْ مَا مَلَكَتْ اَيْمَانُـهُـمْ فَاِنَّـهُـمْ غَيْـرُ مَلُوْمِيْنَ

"Except from their wives or those their right hands possess, for indeed, they will not be blamed." (Surah Al-Mu'minun, Verse 6)

• Clarification by Shaykh al-Islam Mufti Muhammad Taqi Usmani: In the context of this verse, he writes that this refers to those concubines who came into one's possession in accordance with Islamic jurisprudence, but today, such concubines no longer exist.

And in Surah An-Nisa, Verse 24:

وَّ الۡمُحۡصَنٰتُ مِنَ النِّسَآءِ  اِلَّا مَا مَلَکَتۡ اَیۡمَانُکُمۡ ۚ کِتٰبَ اللّٰہِ عَلَیۡکُمۡ ۚ وَ اُحِلَّ لَکُمۡ مَّا وَرَآءَ ذٰلِکُمۡ اَنۡ تَبۡتَغُوۡا بِاَمۡوَالِکُمۡ مُّحۡصِنِیۡنَ غَیۡرَ مُسٰفِحِیۡنَ ؕ فَمَا اسۡتَمۡتَعۡتُمۡ بِہٖ مِنۡہُنَّ فَاٰتُوۡہُنَّ اُجُوۡرَہُنَّ فَرِیۡضَۃً ؕ وَ لَا جُنَاحَ عَلَیۡکُمۡ فِیۡمَا تَرٰضَیۡتُمۡ بِہٖ مِنۡۢ بَعۡدِ الۡفَرِیۡضَۃِ ؕ اِنَّ اللّٰہَ کَانَ عَلِیۡمًا حَکِیۡمًا  

"And [also prohibited to you are all] married women except those your right hands possess. [This is] the decree of Allah upon you. And lawful to you are [all others] beyond these, [provided] that you seek them [in marriage] with [gifts from] your property, desiring chastity, not unlawful sexual intercourse. So for whatever you enjoy [of marriage] from them, give them their due compensation as an obligation. And there is no blame upon you for what you mutually agree to beyond the obligation. Indeed, Allah is ever Knowing and Wise."

• Clarification by Mufti Taqi Usmani in "Asan Tarjuma-e-Quran": He explains that the marriages of the concubines who were captured during Jihad and whose husbands remained in the Dar al-Harb (Abode of War) were annulled. Therefore, after they entered Dar al-Islam and completed the waiting period of one menstruation (to ensure they were not pregnant from the previous husband), their marriage to a Muslim in Dar al-Islam was permissible. However, this ruling applies strictly to those who were made bondwomen legally according to Shariah; today, such concubines or bondwomen do not exist anywhere. The objective is that marriage is the name of a long-lasting relationship whose purpose is not merely to fulfill sexual desires, but to establish a strong family system wherein the man and woman are bound by mutual rights and responsibilities, making this bond a means to protect chastity and preserve the human race. Establishing a temporary relationship merely to satisfy lust, even if money is spent, is absolutely impermissible.

 When the Lawgiver (Allah) Himself has designated these two paths as Muhsineen (chastity) and all other paths as Musafiheen (fornication/lust), this act is not lust but a divine legal code.

2. Social Protection and the Prevention of Moral Corruption

In ancient wars, if captured women were left to roam free in Dar al-Islam without a provider, they would have had no means of livelihood. This posed a severe risk of spreading immorality and organized prostitution within society. Islam placed these women into individual ownership, making them a part of households so they would be exclusive to one person. This step was an excellent civilizational solution to protect the chastity of these women and save society's morals from degradation.

3. Similarity in the Objectives of "Milk al-Yamin" and "Nikah"

All the fundamental civilizational objectives of marriage are also fulfilled through Milk al-Yamin:

• Exclusivity: Just as a wife is exclusive to her husband, a concubine also becomes exclusive to her master. Any other person establishing a relationship with her commits "Zina" (fornication), which is a legal crime.

• Protection of Lineage: The lineage of children born to a concubine is established through her master, and those children are full, legal heirs to their father's property, exactly like the children of a free wife.

• Family Status: Upon giving birth to a child, the concubine receives the honorable title of "Umm al-Walad" (Mother of the Child), after which she can no longer be sold, and upon the master's death, she automatically becomes a free woman.

4. "Lust" vs. "Chastity"

The Holy Quran uses the words "Muhsineen ghayra Musafiheen" (desiring chastity, not unlawful sexual intercourse) regarding relations with women. "Musafahah" means merely shedding water (semen) to fulfill lust, whereas "Ihsan" means to be fortified or to adopt chastity. Islam's purpose was not to turn the concubine into a prostitute, but to bring her into a formalized conjugal and civilizational relationship, where she could live as a responsible member of a household. This is precisely why Islam strictly prohibited forcing concubines into prostitution.

5. The Historical and Legal Context of "Consent"

In the modern era, "consent" is considered the sole criterion for sexual relations, but in Islam, the primary criterion is "Shar'i (divine/legal) approval." Since a concubine comes into possession as a result of a wartime situation, her exclusivity to her master serves as a "social arrangement" in exchange for her life being spared. Furthermore, when a woman knows she is under the ownership of someone within a legal system where her basic rights (food, clothing, shelter, and freedom upon having a child) are secured, it cultivates a "natural readiness" rather than a feeling of social coercion, sparing her the mental and physical trauma associated with rape.

6. Islam's Ultimate Goal: The Abolition of Slavery

Although relations under Milk al-Yamin were permissible, Islam did not establish it as a permanent, preferred practice, but rather as a "temporary arrangement." The Prophet Muhammad (PBUH) stated that the best approach is to educate and train the concubine, then grant her freedom, and formally marry her—an act for which a double reward is promised. The Prophet (PBUH) himself demonstrated this approach with Hazrat Juwayriyya (RA) and Hazrat Safiyya (RA), proving that the ultimate goal was to grant these women an equal and honorable status in society.

Summary:

Having relations with a concubine without marriage was not unbridled "lust," but rather a "systematic legal, civilizational, and familial code" that rescued female prisoners of war from a life of humiliation, made them members of honorable families, granted their children citizenship and inheritance, and paved the way for their absolute freedom.