Question
What is a kaneez (slave-girl)? Can a Muslim today keep a kaneez while he has a wife? And is marriage to her necessary for sexual relations with her? Kindly explain in the light of the Quran and Hadith. May Allah reward you with goodness.
Answer
A kaneez (slave-girl, concubine) is the name given to a woman whom Muslim mujahideen bring as a captive from the battlefield. They may be distributed among the fighters as war captives from the spoils of war, or they may be freed, or they may be released in exchange for ransom.
The Shariah Ruling on Relations with a Slave-Girl
If a woman comes into the share of a mujahid from the spoils of war as a war captive, she will be regarded as his slave-girl. According to the Shariah, the owner may establish marital relations with the slave-girl who has come into his share, but for this istibra’ al-rahm (confirmation that there is no pregnancy) is necessary.
Conditions of Istibra’ al-Rahm
◄ If the slave-girl is pregnant, her owner may not touch her until she gives birth.
◄ If the slave-girl is not pregnant, he must wait until her first menstrual period has ended. Marital relations are permissible only after she has performed ghusl following the menstruation.
The Command in the Quran Regarding Relations with Slave-Girls
Allah Almighty has clearly mentioned in the Quran that Muslim men may establish relations with two kinds of women:
◄ their wives
◄ the slave-girls they possess
Allah Almighty says:
“وَالَّذِينَ هُمْ لِفُرُوجِهِمْ حَافِظُونَ – إِلَّا عَلَى أَزْوَاجِهِمْ أَوْ مَا مَلَكَتْ أَيْمَانُهُمْ فَإِنَّهُمْ غَيْرُ مَلُومِينَ – فَمَنِ ابْتَغَى وَرَاءَ ذَلِكَ فَأُولَئِكَ هُمُ الْعَادُونَ”
“And those who guard their private parts, except from their wives or those their right hands possess, for then they are not to be blamed. But whoever seeks beyond that, it is those who are the transgressors.”
The Concept of the Kaneez in Today’s Era
In today’s era, the culture of keeping slave-girls or kaneez does not practically exist. This concept existed at the time when wars took place between Muslims and disbelievers, as in the era of the Prophet ﷺ. In those wars, women of the disbelievers came as captives, and these captives were distributed among the mujahideen of Islam as spoils of war. In such a situation, relations with them were permissible according to the Shariah.
Ruling on Abduction or Buying and Selling in the Modern Era
Today, when people are abducted or free human beings are bought and sold, this is completely forbidden (haram) in Islam. It does not fall under the category of slave-girl or slave according to the Shariah. A slave-girl can only come into being when women come as captives in a war with the enemies of Islam; apart from this there is no other way.
Summary
◄ A slave-girl is a woman who comes into the possession of Muslims as a war captive.
◄ For sexual relations with a kaneez other than a wife, marriage is not necessary, but the conditions of istibra’ al-rahm must be fulfilled.
◄ In today’s era the concept of the slave-girl does not practically exist, because the necessary conditions for it are not being fulfilled.
◄ Women who have been abducted or forcibly detained do not fall under the category of slave-girl, and relations with them are haram.
Therefore, in today’s era a Muslim cannot keep a kaneez in the lawful manner while he has a wife, because the way of making a slave-girl is the same as the way regarding war captives in the era of the Prophet ﷺ.
