In his discussion of "concrete proofs," Al-Athari quotes Al-Qurtubi, who says: "Most scholars, including Malik [ibn Anas], Al-Shafi'i, Abu Hanifa,[2] and others, thought that taking [infidel women] captive removes the protection [they previously enjoyed], and permits whoever is holding them to have sexual intercourse with them." Al-Athari also quotes another scholar whose interpretation of Al-Qurtubi's ruling says that the latter uses the word "protection" to refer to married women, who are forbidden to men other than their husbands. That is, when these women are taken captive, their marriage contracts with their infidel husbands become void, and they become permissible to their captors. Al-Athari adds that the amount of time a captor must wait until having sexual intercourse with a captive infidel woman depends on her condition: if she is pregnant, he must wait until after she gives birth; if she is menstruating, he must wait until after her period is over; and if she is young and has not yet begun menstruating, he must wait a month from her capture.This is obviously a very important and pressing matter, so I'm glad that the distinguished Muslim clerics have finally established some clarity, here! I mean: Just think of all those poor, hard-up Muslim warriors, waiting to divvy up the spoils and get them some o' that sweet infidel lovin'.
Regards,