The subject of the suspicion (the captivity and the right-wing king is injustice and rape)
First, what is the definition of rape and does it apply to marriage with the rightful captivity women
It is sexual assault against a woman accompanied by beating and violence without her consent.
“Exile is the same as captivity, except that the word captivity is specific to women and the word captivity is specific to men.”
🛑 Captivity and captivity before Islam:
Before Islam, captives and captives treated him with less status than animals in terms of torture, beatings, and eating as animals eat (meaning robbery of the freedom and humanity of this human being), in addition to the fact that the captive woman is subjected to rape and humiliation, and this person may prefer death to this life...
In addition, at that time, there were no controls for them. They were cursed and captured without war, and they might take women from their homes by stealing and kidnapping, so there was no objection to them, and the nation and the slave with them is inherited as a slave even if the master dies
Captivity and captivity in Islam:
First, Islam forbids and prohibits all methods of captivity and captivity and permits only one way, which is “war in the battlefield.” Because captivity and captivity is a punishment, it is not permissible to give this punishment to an innocent person...
When he captivates and captures Muslims
From the enemy army, there are several possibilities: killing - ransom - from us - slavery
"King of the Right" and this means:
(That the master takes care of a captive or captive in return for his service, and the captivity that agrees to be included in the “property of the oath” becomes permissible for the one who takes care of it)
There are conditions that must be met with this captivity, which is that she be a Muslim or one of the People of the Book.
🛑 With regard to the issue of those who refused to be a right-wing king, whether male or female, Islam gave them solutions to free themselves, including:
A - If the captive has family who are interested in him and are asking about him, then it is permissible for this captive or captive to seek help from them by way of “ransom.”
The ransom may be “money or an exchange of prisoners,” thus liberating this captive and the punishment was polite to him, because For his participation in a war against Muslims
The Almighty said (Surat Muhammad, verse 4:
﴿٤﴾ فَإِذَا لَقِيتُمُ الَّذِينَ كَفَرُوا فَضَرْبَ الرِّقَابِ حَتَّىٰ إِذَا أَثْخَنْتُمُوهُمْ فَشُدُّوا الْوَثَاقَ فَإِمَّا مَنًّا بَعْدُ وَإِمَّا فِدَاءً حَتَّىٰ تَضَعَ الْحَرْبُ أَوْزَارَهَا ۚ ذَٰلِكَ وَلَوْ يَشَاءُ اللَّهُ لَانْتَصَرَ مِنْهُمْ وَلَٰكِنْ لِيَبْلُوَ بَعْضَكُمْ بِبَعْضٍ ۗ وَالَّذِينَ قُتِلُوا فِي سَبِيلِ اللَّهِ فَلَنْ يُضِلَّ أَعْمَالَهُمْ
when you have inflicted slaughter upon them, then secure their bonds, and either [confer] favor afterwards or ransom [them] until the war lays down its burdens. That [is the command].
B - But if the captive and the captive have no family to care for them? At the same time, rejecting the idea of entering within the king of the right?
There is another solution, which is
The correspondence system:
Islam advanced and tried to contribute to the liberation of slaves, and one of the ways in which it contributed was the correspondence system. In the pre-Islamic era, if someone was captured, there was no hope of importing his freedom unless his master freed him, but in Islam the hope is very great..
Correspondence is a contract of agreement between the master and the captive man or captive woman who has refused the oath’s possession…
The agreement is on a material amount, and this person is given the freedom to work and earn to free himself
But there is a question that may confuse most, which is if the captive or captive cannot work to provide the material amount?
The Almighty said (Surat An-Nur, Verse 33:
﴿٣٣﴾ وَلْيَسْتَعْفِفِ الَّذِينَ لَا يَجِدُونَ نِكَاحًا حَتَّىٰ يُغْنِيَهُمُ اللَّهُ مِنْ فَضْلِهِ ۗ وَالَّذِينَ يَبْتَغُونَ الْكِتَابَ مِمَّا مَلَكَتْ أَيْمَانُكُمْ فَكَاتِبُوهُمْ إِنْ عَلِمْتُمْ فِيهِمْ خَيْرًا ۖ وَآتُوهُمْ مِنْ مَالِ اللَّهِ الَّذِي آتَاكُمْ ۚ وَلَا تُكْرِهُوا فَتَيَاتِكُمْ عَلَى الْبِغَاءِ إِنْ أَرَدْنَ تَحَصُّنًا لِتَبْتَغُوا عَرَضَ الْحَيَاةِ الدُّنْيَا ۚ وَمَنْ يُكْرِهْهُنَّ فَإِنَّ اللَّهَ مِنْ بَعْدِ إِكْرَاهِهِنَّ غَفُورٌ رَحِيمٌ
But let them who find not [the means for] marriage abstain [from sexual relations] until Allah enriches them from His bounty. And those who seek a contract [for eventual emancipation] from among whom your right hands possess – then make a contract with them if you know there is within them goodness and give them from the wealth of Allah which He has given you. And do not compel your slave girls to prostitution, if they desire chastity, to seek [thereby] the temporary interests of worldly life. And if someone should compel them, then indeed, Allah is [to them], after their compulsion, Forgiving and Merciful.
This is a divine command to help the clerks by giving them some money to free themselves...
An example of this is the story of Lady Juria with the Messenger, may God bless him and grant him peace
🛑 For those who were guaranteed the king of the oath, not all societies that were before Islam were promoted in their treatment like Islam:
Islam enjoins good treatment of captives and captives, so they are dressed up and fed from what the Muslim eats and wears, and thus the Islamic community is the first to equate the slave and the master with humanity
The Messenger of God said: “Your brothers are your guardians, God has placed them under your hands, so whoever has his brother under his hand, let him feed him from what he eats, and clothe him with what he wears, and do not burden them with what overpowers them. If you cost them, then help them.”
In addition, the inheritance of the nation and the slave is forbidden, like the pre-Islamic era, but they are freed if their master dies, and the prohibition of hitting them or treating them so violently that God does not accept any penance to expiate this sin except to give this person his freedom..
The Messenger of God said (Whoever slaps his slave or hits him, his penance is to set him free)
Imam Al-Shafi’i says: It is not permissible to intercourse with the queen of the oath without her consent, which causes her harm, and as it is clear in the hadith, only one blow is enough to set her free, so how about rape??!! .
🛑 Marriage to the king of the oath:
There are not many differences between the marriage of the sworn king and the legal marriage. The biggest difference is that in the marriage of the sworn king, the wife was a captive and the legitimate wife was free...
However, both of them are similar in the well-known pillars of marriage, such as witnesses, divorce, dowry, good treatment, and the consent of both parties to the marriage...
The Almighty said (Surat An-Nisa, verse 25:
﴿٢٥﴾ وَمَنْ لَمْ يَسْتَطِعْ مِنْكُمْ طَوْلًا أَنْ يَنْكِحَ الْمُحْصَنَاتِ الْمُؤْمِنَاتِ فَمِنْ مَا مَلَكَتْ أَيْمَانُكُمْ مِنْ فَتَيَاتِكُمُ الْمُؤْمِنَاتِ ۚ وَاللَّهُ أَعْلَمُ بِإِيمَانِكُمْ ۚ بَعْضُكُمْ مِنْ بَعْضٍ ۚ فَانْكِحُوهُنَّ بِإِذْنِ أَهْلِهِنَّ وَآتُوهُنَّ أُجُورَهُنَّ بِالْمَعْرُوفِ مُحْصَنَاتٍ غَيْرَ مُسَافِحَاتٍ وَلَا مُتَّخِذَاتِ أَخْدَانٍ ۚ فَإِذَا أُحْصِنَّ فَإِنْ أَتَيْنَ بِفَاحِشَةٍ فَعَلَيْهِنَّ نِصْفُ مَا عَلَى الْمُحْصَنَاتِ مِنَ الْعَذَابِ ۚ ذَٰلِكَ لِمَنْ خَشِيَ الْعَنَتَ مِنْكُمْ ۚ وَأَنْ تَصْبِرُوا خَيْرٌ لَكُمْ ۗ وَاللَّهُ غَفُورٌ رَحِيمٌ
And whoever among you cannot [find] the means to marry free, believing women, then [he may marry] from those whom your right hands possess of believing slave girls. And Allāh is most knowing about your faith. You [believers] are of one another. So marry them with the permission of their people and give them their due compensation [i.e., mahr] according to what is acceptable. [They should be] chaste, neither [of] those who commit unlawful intercourse randomly nor those who take [secret] lovers. But once they are sheltered in marriage, if they should commit adultery, then for them is half the punishment for free [unmarried] women. This [allowance] is for him among you who fears affliction [i.e., sin], but to be patient is better for you. And Allāh is Forgiving and Merciful.
Some of the prisoners saw that treatment from the Messenger of God, may God’s prayers and peace be upon him, that prompted them to convert to Islam, and that was after their release, as did Thumamah bin Athal, may God be pleased with him. After the Prophet, may God bless him and grant him peace, ordered his release, He went to take a bath and convert to Islam, and Al-Waleed bin Abi Al-Walid did the same after his family ransomed him from the Messenger of God - may God’s prayers and peace be upon him - embraced Islam. It was said to him: Why did you convert to Islam after the redemption? He said: So that no one would think that I converted to Islam because of the inability of families.
🟢 Therefore, we note that there is no similarity between marrying the king of the oath and rape, whose meaning we learned at the beginning, and captivity is not an injustice if it is a punishment for someone who tried to kill us, but rather that Islam honored them even while they were in captivity, so it did not take their humanity like the rest of the societies that existed at that period...
At that time, all the systems that existed were Persians, Romans, polytheists, and Bedouins, and what women were suffering from
In wars and invasions of mass rape, enslavement and humiliation, the Qur’an came to set limits and protect
This is the vulnerable group because women at that time, if a war broke out between two groups, would remain without a breadwinner
There is no shelter, nor anyone to take care of it, so if a Muslim was ordered to leave it after the battle, it would be doomed to death, so he did not
She must be captured, as everyone else was doing at the time
Giving her her reward here and treating her kindly was from the mercy of this religion that even this woman did not forget
It was a covenant at that time to preserve her right, and there was no need for it to be money, but it was possible for her to learn it
There is nothing wrong with it, and there is no sin or major sin in Islam unless you find that it is an expiation for it
freed neck
Islam calls for treating the nation or the captives with goodness, and there is no text before
Two hundred years ago, he talked about the rights of prisoners of war as they preserved Islam, established by God and where
Make her prestige and respect
Allah says
﴿٣٦﴾ وَاعْبُدُوا اللَّهَ وَلَا تُشْرِكُوا بِهِ شَيْئًا ۖ وَبِالْوَالِدَيْنِ إِحْسَانًا وَبِذِي الْقُرْبَىٰ وَالْيَتَامَىٰ وَالْمَسَاكِينِ وَالْجَارِ ذِي الْقُرْبَىٰ وَالْجَارِ الْجُنُبِ وَالصَّاحِبِ بِالْجَنْبِ وَابْنِ السَّبِيلِ وَمَا مَلَكَتْ أَيْمَانُكُمْ ۗ إِنَّ اللَّهَ لَا يُحِبُّ مَنْ كَانَ مُخْتَالًا فَخُورًا
36. And worship Allah, and ascribe no partners to Him, and be good to the parents, and the relatives, and the orphans, and the poor, and the close neighbor, and the distant neighbor, and close friends, and the traveler, and your servants. Allah does not love the arrogant showoff.
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