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The Concept of Concubines and Its Ruling in Modern Times

❀ Question ❀​

What is a concubine (kanīz) in Islam? Can a Muslim man, while already married, keep a concubine today? Is Nikah required for sexual relations with her? Please clarify with reference to the Qur’an and Hadith. جزاكم الله خيرا

✔ Definition and Origin of a Concubine

A concubine (kanīz) refers to a woman captured by Muslim warriors as a prisoner of war. Such women, after being taken as war captives, may be:
◉ Distributed among the Mujāhidīn as part of war spoils (māl al-ghanīmah)
◉ Freed without compensation
◉ Released upon receiving ransom

✔ Ruling on Relations with a Concubine

If a woman is captured in battle and allotted to a Muslim as his portion of war spoils, she is legally his concubine. Under Islamic law, the owner is permitted to establish intimate relations with her—provided the condition of istibrāʾ al-raḥim (ensuring she is not pregnant) is fulfilled.

✔ Conditions of Istibrāʾ al-Raḥim (Womb Clarity)

❖ If the concubine is pregnant, the owner cannot approach her until she gives birth.
❖ If she is not pregnant, he must wait until she menstruates once and purifies herself before engaging in conjugal relations.

✔ Qur'anic Basis for Relations with Wives and Concubines

Allah ﷻ says:
﴿وَالَّذِينَ هُمْ لِفُرُوجِهِمْ حَافِظُونَ – إِلَّا عَلَى أَزْوَاجِهِمْ أَوْ مَا مَلَكَتْ أَيْمَانُهُمْ فَإِنَّهُمْ غَيْرُ مَلُومِينَ – فَمَنِ ابْتَغَى وَرَاءَ ذَٰلِكَ فَأُولَٰئِكَ هُمُ الْعَادُونَ﴾
[Sūrat al-Muʾminūn: 5–7]

“And those who guard their private parts, except from their wives or those whom their right hands possess—for indeed, they are not to be blamed. But whoever seeks beyond that, then they are the transgressors.”

This verse affirms that a man may lawfully have relations with either:
◉ His wife
◉ His lawful concubine

✔ The Concept of Concubinage in the Present Age

In today's world, the system of concubinage is no longer in practice. This concept existed during times when Muslims engaged in lawful warfare against disbelievers, such as during the lifetime of the Prophet ﷺ. Female captives from those battles were distributed among Mujāhidīn, and the Sharī‘ah permitted relations under prescribed conditions.

✔ Modern Abductions and Human Trafficking Are Prohibited

In contrast, kidnapping, abduction, and trading of free individuals—common in modern trafficking—are absolutely haram in Islam. Such women cannot be classified as concubines, and relations with them are strictly forbidden.

❀ Summary ❀​

◉ A concubine is a female prisoner of war who becomes the possession of a Muslim through lawful jihad.
◉ Intimacy with a concubine does not require nikah, but istibrāʾ al-raḥim must be ensured.
◉ In today’s context, the system of concubinage does not exist due to the absence of lawful conditions.
Abducted or trafficked women are not concubines, and relations with them are absolutely haram.

📌 Therefore, in the modern era, a Muslim man cannot keep a concubine, even if he is married, because the legitimate conditions required for owning a concubine—such as lawful war and Islamic governance—are not present today.
 
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