My friend told me that if there is a islamic battle and after winning that battle if muslims capture some women they are free to do whatever they want to do with them..."Ask the Imam.com"then they are free to do whatever they want to do with them. i.e have sex without marriage or marry them or kill them or free them or do what ever they please. Is this true. Please narrate any instances if this is true
Answer 8271 2003-04-24
Slavery was prevalent long before the advent of Nabi (Sallallaahu Alayhi Wasallam) and Nabi (Sallallaahu Alayhi Wasallam) left it to exist even after his attaining prophethood. But Nabi (Sallallaahu Alayhi Wasallam) adopted many schemes to abolish it e.g. continuously encouraging the Sahabah (Radhiallaahu Anhu) to free the slaves and also laying down many conditions for possessing one.
If an Islamic battle breaks out in which the Muslims attain booty which includes women, then the leader will distribute the booty amongst the participants. If a person receives a slave girl in his share allocated to him by the leader then he has the option of either freeing her or keeping her for his own needs, which includes having intimate relations with her without the need for Nikah [a Mohammedan marriage] (i.e. if she is a Muslim, Christian or Jew). The owner and leader both are not allowed to kill the slave girl.
In the present age it is difficult to find Shar’ee slave girls as the rules and regulations of owning slaves are not found, therefore it is not permissible to buy any man or woman nor have intimate relationships with such women without performing Nikah [a Mohammedan marriage] with her first. (Fataawaa Rahimiyyah, Vol. 1, Page 50-58)
and Allah Ta'ala Knows Best
Mufti Muhammad Ashraf
Darul Ifta – Jameah Mahmoodiya, Springs