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1. `Ubadah ibn al-Samit (Arabic: عبادة بن الصامت ‎) was a companion of Muhammad and a well-respected chieftain of the Ansar tribes confederation, who participated in almost every battle during Muhammad's era. His official title, according to Muslim scholarly tradition, was Ubadah bin Saamit al-Ansari al-Badri (Arabic: عبادة بن الصامت الانصاري البدري.
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1. WHY MUSLIMS CAN HAVE SEX WITH FEMALES CAPTIVES .I DONT UNDERSTAND THIS

   Last commented by shees19933 months ago

I AM CRYING ALL THE TIME BECAUSE WHEN I GOT TO KNOW THAT MUSLIMS ARE ALLOWED TO HAVE SEX WITH CAPTIVES AFTER THE WAR. I FELT LIKE I LOST MY IMAN .I don’t understand that if the Muslims had just won a battle and killed the captive’s husband, brother, son or other relatives or the men of her village why would she be ready and willing to have sex with the victors? I read this Hadith and it’s like the Muslims won but were feeling horny as they hadn’t had intercourse for a while so did so with the captive women and pulled out at the critical moment to avoid a baby.by Imam Muslim, translation by Abdul Hamid Siddiqui, Volume: The Book of Marriage (Kitab Al-Nikah) 3371:

Islamweb Kids

Abu Sirma said to Abu Sa'id al Khadri (Allah he pleased with him):

Abu Sa'id, did you hear Allah’s Messenger (ﷺ) mentioning al-‘azl? He said: Yes, and added: We went out with Allah’s Messenger (ﷺ) on the expedition to the Bi'l-Mustaliq and took captive some excellent Arab women; and we desired them, for we were suffering from the absence of our wives, (but at the same time) we also desired ransom for them. So we decided to have sexual intercourse with them but by observing 'azl (Withdrawing the male sexual organ before emission of semen to avoid-conception). But we said: We are doing an act whereas Allah’s Messenger is amongst us; why not ask him? So we asked Allah’s Messenger (ﷺ), and he said: It does not matter if you do not do it, for every soul that is to be born up to the Day of Resurrection will be born. – Sahih Muslim 1438 a (sunnah.com)

Islamweb Quran

1. Al-salam alaykum wa-rahmat Allah.

   Dear brother,

   You’ve asked an important question, and I’ll have to give a detailed reply for your doubts to get clarified. So, be patient and read carefully.

   There are various sub-questions in your question. So, I’ll address them one by one.

   ______________________

   (1)

   First of all, in Islam, jihād (war) is allowed in self defence or against oppression only, according to the Qur’ān.

   Refer to the following for details:

   Muhammad Asad on jihad verses in the Qur’an [PDF]

   What is Offensive Jihad ?

   curious

   ______________________

   (2)

   What the so-called Companions (Ṣaḥābah) of the Prophet did or did not do does not make it a part of Islam, as they are no authority (ḥujjah) in Islam, according to the Qur’ān (33:36, 4:165, 49:1–2).

   The only authority in Islam is Allah and, after Him, His Messenger(s), as is evident throughout the Qur’ān.

   Refer to the following as well:

   فرحان المالكي:عدالة الصحابة تتعارض مع القرآن الكريم

   معنى الموقوف والمقطوع والاحتجاج بهما

   ______________________

   (3)

   The most important thing that you must know is that the Ḥadīths—unlike the Qur’ān—do not yield certainty, as admitted by the Ḥadīth scholars themselves.

   Refer to the following to know more on that:

   Authenticity of the Qur’an

   https://archive.org/download/AuthenticityOfTheQuran/Authenticity%20of%20the%20Qur%27an.pdf [PDF]

   How can we be sure that a ḥadīth is the actual uttering of the Prophet? (Dr Jonathan Brown)

   Original Sources of Islam: Sunnah vs Hadith (Javed Ahmad Ghamidi) [English subtitles]

   keeping of a man’s hair as part of sunnah (on the original sources of Islam)

   ______________________

   Now, keeping all the aforementioned points in mind, I will answer this question from a Qur’ānic point of view only, in shā’ Allāh.

   ______________________

   The Qur’ān did not introduce slavery.

   In fact, the abolition of slavery has been one of the social objectives of the Qur’ān.

   At the time of the revelation of the Qur’ān, slavery was an established institution throughout the world.

   Read world history, and you’ll know it.

   So, it must be kept in mind that slavery was an integral part of the pre-Qur’ānic Arab society.

   But, since its sudden abolition would have given rise to many social and economical problems, the Qur’ān adopted a gradual approach to the abolition of slavery, just like it did so in the case of the prohibition of wine and other intoxicants. It did so in two ways:

   1. It put an end to the acquisition of new slaves.

   2. It encouraged and even ordained various instructions for the maintenance and manumission of existing slaves.

   ______________________

   (a) Ban on the acquisition of new slaves

   Allah says [Qur’ān, Sūrah al-Anfāl (8:67)]:

   ‏﴿ ما كان لنبي أن يكون له أسرى حتى يثخن في الأرض تريدون عرض الدنيا والله يريد الآخرة والله عزيز حكيم ﴾‏

   IT DOES NOT behove a prophet to keep captives unless he has battled strenuously on earth.⁷² You may desire the fleeting gains of this world – but God desires [for you the good of] the life to come: and God is almighty, wise.

   ⁷² I.e., as an aftermath of a war in a just cause. As almost always in the Qur’ān, an injunction addressed to the Prophet is, by implication, binding on his followers as well. Consequently, the above verse lays down that no person may be taken, or for any time retained, in captivity unless he was taken prisoner in a jihād – that is, a holy war in defence of the Faith or of freedom (regarding which see sūrah 2, note 167) – and that, therefore, the acquisition of a slave by “peaceful” means, and the keeping of a slave thus acquired, is entirely prohibited: which, to all practical purposes, amounts to a prohitition of slavery as a “social institution”. But even with regard to captives taken in war, the Qur’ān ordains (in 47:4) that they should be freed after the war is over.

   [The Message of the Qur’ān: Translated and Explained by Muhammad Asad]

   and [Qur’ān, Sūrah Muḥammad (47:4)]:

   ‏﴿ فإذا لقيتم الذين كفروا فضرب الرقاب حتى إذا أثخنتموهم فشدوا الوثاق فإما منا بعد وإما فداء حتى تضع الحرب أوزارها ذلك ولو يشاء الله لانتصر منهم ولكن ليبلو بعضكم ببعض والذين قتلوا في سبيل الله فلن يضل أعمالهم ﴾‏

   NOW WHEN you meet [in war] those who are bent on denying the truth, smite their necks until you overcome them fully, and then tighten their bonds; “but thereafter [set them free,] either by an act of grace or against ransom”, so that the burden of war may be lifted: thus [shall it be]. And [know that] had God so willed, He could indeed punish them [Himself]; but [He wills you to struggle] so as to test you [all] by means of one another. And as for those who are slain in God’s cause, never will He let their deeds go to waste: (emphasis added)

   In the aforementioned verses, verse 8:67 clearly stipulates that no one can be taken in captivity unless they be prisoners of war in a jihād (as defined in the beginning of the answer); and verse 47:4 unequivocally ordains that they be freed either way—either as an act of grace (without ransom) or in exchange of ransom—there being no third option, like killing or enslaving them.

   The Qur’ān thus closed the doors for acquiring any more slaves by any means.

   But, as William Gervase Clarence-Smith rightly points out, the Muslim jurists (scholars) could not stomach it. They found reasons to nullify Allah’s clear instructions to free prisoners after wars, developing various exegetical exercises that had the paradoxical outcome of seeming to mock the Qur’ān [see William Gervase Clarence-Smith, Islam and the Abolition of Slavery (London: Hurst & Company, 2006), 25–33].

   ______________________

   (b) Maintenance and manumission of existing slaves

   The Qur’ān ordained various laws regarding existing slaves.

   For example,

   1. it prohibited owners or masters from forcing their slave girls to prostitution [Qur’ān 24:33]

   2. it gave them the right to get married and encouraged their owners to get them married [Qur’ān 24:32, 4:3, 4:24–5]

   3. it gave them the right to make a contract of freedom with their owners in exchange of some money or service, and encouraged their owners as well as others to even help them with this [Qur’ān 24:33]

   4. it reduced their punishment, when found guilty of indecency (fāḥishah) after being taken in wedlock, to half that of a free woman [Qur’ān 4:25]

   5. it encouraged freeing as well as helping those in bondage, i.e. both slaves and prisoners, with charity [Qur’ān 2:177, 9:60, 90:13]

   6. it obligated freeing of slaves as atonement for various transgressions [Qur’ān 4:92, 5:89, 58:3].

   ______________________

   All this clearly indicates that the Qur’ān has from its very beginning aimed at an abolition of slavery as a social institution, and that its prohibition in modern times constitutes no more than a final implementation of that aim.

   ______________________

   Now, your main question was:

   Why can Muslims have sex with female captives?

   First, this question does not arise with regard to the prisoners of war, as they have to be freed anyway, as shown above.

   As regards existing slave girls, there are two opinions among scholars, based on the following verses of the Qur’ān [Sūrah al-Mu’minūn (23:5–7)]:

   ‏﴿ والذين هم لفروجهم حافظون ﴾‏

   And those who guard their private parts.

   ‏﴿ إلا على أزواجهم أو ما ملكت أيمانهم فإنهم غير ملومين ﴾‏

   Except with regard to their spouses or those whom their right hands possesed, for, in that case, they are free of blame.

   ‏﴿ فمن ابتغى وراء ذلك فأولئك هم العادون ﴾‏

   But those who seek beyond that then they are the transgressors.

   The traditional understanding, forming the majority, is that it is permissible (halal) for a Muslim man to have sex with his own female slaves without marriage (nikāḥ).

   But Muhammad Asad, one of the modern translators and commentators of the Qur’ān in English, has argued that the traditional understanding is incorrect, and that marriage (nikāḥ) with one’s own slave girl is necessary for a Muslim man to have sex with her.

   You may read his arguments here:

   Muhammad Asad on slavery in Islam

   https://archive.org/download/MuhammadAsadOnSlaveryInIslam/Muhammad%20Asad%20on%20slavery%20in%20Islam.pdf [PDF]

   I personally don’t know which of these opinions is correct.

   But, in case of the second opinion (that of Muhammad Asad), your question does not arise, since the slave girl shall become his wife after marriage.

   In case of the first opinion, the answer to your question, by the traditional scholars, is that whatever Allah has permitted is halal, no matter whether someone likes it or not.

   ______________________

   Watch the following as well:

   The Historical Roots of Female Slavery | Dr. Shabir Ally

   Slavery in Islam Ghulam aur Londi Javed Ahmed Ghamidi [Urdu]

   ______________________

   Please feel free to ask if you need any help or have any questions or doubts.

   Hope this clears your doubts.

   Wal-salam alaykum wa-rahmat Allah.

   1. Right hands possess believing slave girls

   2. … Slavery was practiced everywhere even before the rise of Islam, …

      [Slavery §Historical Survey §§Slave-owning societies: Encyclopædia Britannica <https://www.britannica.com/topic/slavery-sociology/Historical-survey#ref24156> accessed 18 October 2020]