Permanent concubinage, though not recognized by the civil law, was viewed as a real marriage, as it involved the intention and consent of both parties to form a lifelong union. A slightly different example reinforces the legal distinction between marriage and concubinage. Concubinage, on the other hand, is committed by a married man and his concubine who knows him to be married. In our imperfect world, rape happens frequently but nearly no one publicly defends the legitimacy of forcible or nonconsensual sex. Google Scholar; Rabb, Doubt in Islamic Law, 50. Les médias locaux des Emirats arabes unis ont annoncé, aujourd'hui 10 novembre 2020, des réformes historiques des lois islamiques qui régissent le pays : la consommation d'alcool et la cohabitation hors mariage vont désormais être autorisées. Any enslaved female had a fixed set of enforceable rights (e.g., food and shelter) and duties (i.e., work as her owner chose, including sex with him). In other words, and in sharp contrast to our contemporary situation, consent was not a key “moral-legal concern.” A man's intercourse with a female slave might constitute zinā only if she belongs to someone else. 11 4 5 20 January 2017. Nonconsensual sex—what contemporary Westerners would term rape—might be either a coercive subset of zinā, with blame lifted from the coerced participant, or a type of usurpation (ightisāb), a property crime that by definition cannot be committed by a husband or owner, who possesses an entitlement to, or ownership over, his wife's or slave's sexual capacity. DOMESTIC ADOPTION LAW February 27, 2018. So pervasive is deference to some notion of consent that even Daʿish supporters who uphold the permissibility of enslaving women captured in war can insist that their refusal or resistance makes sex unlawful. Apparently, one can simultaneously laud slave concubinage and anathematize rape. She is usually a willing participant in the relationship and may be of any social status. 4 Consult also 36. However, the “Lex Julia” was condemned as immoral by the early Christian Church. If a man who is married to someone else's slave comes to own her (e.g., via gift, purchase, or inheritance) she ceases to be his wife, but sex remains lawful by virtue of milk.Footnote fell outside the scope of zinā.”Footnote Jocelyn Sharlet records a roughly similar story of resistance to sale or gift. for this article. If—as I have assumed—they did not, then to accept the former claim means that the jurists misunderstood or departed from scripture by disregarding enslaved women's consent. (It remains debatable whether milk is best understood in these contexts as entitlement, ownership, or some mélange of the two.) If, on the other hand, a man wishes to marry his own female slave, he must either sell her to someone else, who in turn must consent to the marriage, or he must free her, making her own consent to the marriage necessary. Notably, the issue emerges only because she is married to another man, a marriage for which jurists uniformly agree that her consent would have been unnecessary. Noting that “Classical Islamic family law generally recognized marriage and the creation of a master–slave relationship as the two legal instruments rendering permissible sexual relations between people,” Rabb cites two examples of later classical scholars who mention the “objections” of earlier figures to slave concubinage. In our imperfect world, rape happens frequently but nearly no one publicly defends the legitimacy of forcible or nonconsensual sex. He represents and defends you, among others, in the following cases. 4 That the text of the Qurʾan does not permit sexual access simply by virtue of milk al-yamīn is a defensible theological claim.Footnote In other words, and in sharp contrast to our contemporary situation, consent was not a key “moral-legal concern.” A man's intercourse with a female slave might constitute zinā only if she belongs to someone else. Spectorsky, Susan, Chapters on Marriage and Divorce: Responses of Ibn Ḥanbal and Ibn Rāhwayh (Austin, Tex. The jurists’ occasional affirmations that a married female slave whose owner nonetheless has sex with her is not to be punished is the closest any of these texts comes to considering the relevance of an enslaved woman's consent. But the Prophet (ṣ) instituted many practices that were intended to gradually phase out slavery and concubinage from society, including legal protections for concubines from rape, sex crimes, and abusive men. All accepted—sometimes tacitly, sometimes explicitly—that a man could practice withdrawal with his own female slave without seeking her permission.Footnote Marie Failinger, Elizabeth Schiltz, and Susan J. Stabile (New York: Routledge, 2014), 178–79. Sometimes things escape mention because they are universally accepted. - Concubinage in Islam. Brockopp, Early Mālikī Law, 121–24. Ali, Marriage and Slavery, 154–58, 167–68; chap. Total loading time: 0.674 } 3 Published online by Cambridge University Press:  For various reasons, the cub was brutally expelled from the school. Explications. These stories also call into question the usefulness of the legal category of slave as an historical and social descriptor. 3. Quoted in Ali, Marriage and Slavery, 40. 16 16 From the Catholic Encyclopedia. 8, As this example demonstrates, the rights of wives and slaves differ. Query parameters: { Notably, Qurʾanic passages on slavery differ strikingly in terms of their terminology and main preoccupations from later jurisprudential texts.Footnote "isLogged": "0", An old term for a kept woman or girlfriend. Google Scholar, esp. 5 Marriage in ancient Rome (conubium) was a strictly monogamous institution: a Roman citizen by law could have only one spouse at a time. Milk al-nikāḥ and milk al-yamīn are incompatible; they cannot be combined. Syed, The Position of Women in Islam: A Progressive View (Albany, N.Y.: State University of New York Press, 2004), 33–36 So pervasive is deference to some notion of consent that even Daʿish supporters who uphold the permissibility of enslaving women captured in war can insist that their refusal or resistance makes sex unlawful.Footnote Quraishi-Landes, “A Meditation on Mahr, Modernity, and Muslim Marriage Contract Law,” in Feminism, Law, and Religion, ed. She says no; her owner frees her on the spot.Footnote It is even more of a stretch to accept that the need for consent within concubinage was so obviously a condition for its legitimacy that no one considered it necessary to say so, but that the absence of the need for a slave's consent to her marriage required explicit affirmation. Though seldom discussed, forced sex with one's wife might (or, depending on the circumstances, might not) be an ethical infraction, and conceivably even a legal one like assault if physical violence is involved.Footnote w/in 5 years after the celebration of the marriage Il existe en France trois statuts distincts de couple, que sont : le concubinage, le PACS et le mariage.Le concubinage est une union de fait, contrairement au PACS et au mariage. 6 6 Noting that “Classical Islamic family law generally recognized marriage and the creation of a master–slave relationship as the two legal instruments rendering permissible sexual relations between people,” Rabb cites two examples of later classical scholars who mention the “objections” of earlier figures to slave concubinage. Apparently, one can simultaneously laud slave concubinage and anathematize rape. Toledano, Ehud, As If Silent and Absent: Bonds of Enslavement in the Islamic Middle East (New Haven, Conn.: Yale University Press, 2007)Google Scholar. 2 If they do reflect such stratagems, they further show that a slave's simple “no” would not suffice.) "figures": false, Render date: 2021-01-24T20:14:18.732Z Indeed, I am aware of no case where anyone asks whether her consent is necessary or even asserts that it is not required. }, International Journal of Middle East Studies, Department of Religion, Boston University, Boston, Mass. Access would be licit barring extraordinary conditions such as her marriage to another man; her possession of a contract of emancipation (kitābah), granting her a liminal status; or shared ownership. She says no; her owner frees her on the spot.Footnote How committed/Concept: The crime committed by a married man who: 1. A la suite de différentes réformes les frontières entre mariage, Pacs et At least in literary retellings, then, some slaves had a certain amount of say in the conduct of their sexual lives. In the same vein, such consent or condonation should not be treated as a “free pass” for the husband to continue having a concubine … One might speculate that the same is true of forced sex with an enslaved woman. You Might Also Like. It seemed that the reason was that the ‘female’ father of the cub was injured in the war and retreated to the rear line and now his future was hopeless. Azam's observation about classical Hanafi texts applies more broadly to the premodern fiqh universe: “concerns about consent in sex acts were secondary to concerns about the moral-legal status of those sex acts.”Footnote Even if he marries off his own slave and no longer has lawful access to her, his having sex with her is a lesser transgression than zinā. Thus, as Hina Azam writes, “sexual coercion within clearly licit contexts (such as marriage or slavery) . On enslaved people's consent to sexual relationships including marriage, consult Azam, Hina, Sexual Violation in Islamic Law: Substance, Evidence, and Procedure (New York: Cambridge University Press, 2015)CrossRefGoogle Scholar, 186. Non- consent (a) parent/ legal guardian having charge of the “no-consent” party (b) ”no consent “ party (a) anytime before the “no consent” party reaches 21 (b) w/in 5 years after reaching 21. Google Scholar; and Ali, “Redeeming Slavery: The ‘Islamic State’ and the Quest for Islamic Morality,” Mizan: Journal of Interdisciplinary Approaches to Muslim Societies and Civilizations 1 (2016): accessed 6 October 2016, http://www.mizanproject.org/journal-post/redeeming-slavery/. Wilsons The Bird King blends fantasy, historical romance, magical realism, adventure, and the court tale in a story about the favored concubine of the last sultan of Granada, a mapmaker with world-shaping artistic abilities, and a werewolf/vampire jinn in the final days of Moorish Spain and the rise of … The Code Napoléon saw concubinage as “puisque les concubins se désintéressent du droit, le droit n’a qu’à se désintéresser d’eux”. Though I believe in the strongest possible terms that meaningful consent is a prerequisite for ethical sexual relationships, I am at a loss to find this stance mirrored in the premodern Muslim legal tradition, which accepted and regulated slavery, including sex between male masters and their female slaves.Footnote Writing about a much later and better-sourced period, Ottoman historian Ehud Toledano presents a model of unequal but reciprocal relationships between slaves and owners.Footnote A surprising assertion about consent also appears in a recent monograph by a scholar of Islamic legal history who declares in passing that the Qurʾan forbids nonconsensual relationships between owners and their female slaves, claiming that “the master–slave relationship creates a status through which sexual relations may become licit, provided both parties consent.” She contends that “the sources” treat a master's nonconsensual sex with his female slave as “tantamount to the crime of zinā [illicit sex] and/or rape.”Footnote One could perhaps argue that slaves’ consent to sexual relationships with their masters was such an obvious requirement that no one thought it necessary to mention. Even if he marries off his own slave and no longer has lawful access to her, his having sex with her is a lesser transgression than zinā. 13 This scenario is never, however, illicit in the jurists’ conceptual world. Any enslaved female had a fixed set of enforceable rights (e.g., food and shelter) and duties (i.e., work as her owner chose, including sex with him). : Harvard University Press, 2010)Google Scholar, esp. 12 Jocelyn Sharlet records a roughly similar story of resistance to sale or gift. for this article. A slightly different example reinforces the legal distinction between marriage and concubinage. Le certificat de concubinage est un document peu utilisé par les français, il comporte cependant certains avantages. These boundaries are clearly defined and more objective as a legal basis than ‘consent.’ Toorawa, Shawkat M. (New York: New York University Press, 2015)Google Scholar. 12 In our imperfect world, rape happens frequently but nearly no one publicly defends the legitimacy of forcible or nonconsensual sex. 3. Other types of texts, too, may preserve countervailing voices, in tension with the ideal fiqh model in which enslaved women's consent is simply disregarded. 10 Concubinage was custom practiced in both pre-Islamic Arabia and the wider Near East and Mediterranean. Any argument must be largely from silence, as the sources simply do not discuss the issue. Ali, Kecia, Marriage and Slavery in Early Islam (Cambridge, Mass. 8, As this example demonstrates, the rights of wives and slaves differ. Concubinage was not introduced by Islam, as it had existed before in the past. They disagreed about whether husbands needed their enslaved wives’ agreement to practice ʿazl or that of their wives’ masters. 13 4 chap. Dann, Michael, “Between History and Hagiography: The Mothers of the Imams in Imami Historical Memory,” in Concubines and Courtesans: Women and Slavery in Islamic History, ed. ADULTERY AND CONCUBINAGE Definition: What is concubinage? Milk al-nikāḥ and milk al-yamīn are incompatible; they cannot be combined. At least in literary retellings, then, some slaves had a certain amount of say in the conduct of their sexual lives. "isUnsiloEnabled": true, 25, 27, 29–30. 5 I showed that jurists understood milk al-nikāḥ (marriage) and its attendant spousal claims through analogies with gendered and sexualized slavery. I recall no instance in any Maliki, Hanafi, Shafiʿi, or Hanbali text from the 8th to 10th centuries where anyone asserts that an owner must obtain his female slave's consent before having sex with her. * Views captured on Cambridge Core between 20th January 2017 - 24th January 2021. If a man who is married to someone else's slave comes to own her (e.g., via gift, purchase, or inheritance) she ceases to be his wife, but sex remains lawful by virtue of milk.Footnote Ali, Marriage and Slavery, 158–59. One can think about the possibilities for resistance and agency in what were, after all, human—even if deeply unequal and unjust—relationships without succumbing to the temptation to read contemporary ethical norms into early Muslim texts which possess very different sensibilities. Syed, The Position of Women in Islam: A Progressive View (Albany, N.Y.: State University of New York Press, 2004), 33–36 11. Adultery is committed by a married woman and her paramour who knows her to be married. YATIN VARMA Rights and obligations in a marriage are contained in our French inspired 1808 Civil Code by virtue of which a concubin has no legal status in a relationship. Western scholars have generally assumed that in Islamic jurisprudence, milk al-yamīn, typically rendered “ownership by the right hand,” automatically granted free male owners licit sexual access to enslaved females whom they owned.Footnote 7 }, International Journal of Middle East Studies, Department of Religion, Boston University, Boston, Mass. Ibid., 82–83; Ali, Sexual Ethics and Islam, 11–12. The Qur'an allowed this custom by requiring that a man not have sexual relations with anyone except for this wife or concubine. He happened to hear that a cub near the college had been bullied. In practice, the sultan's favorite and a palace drudge might have had little in common beyond their formal status. Adultery and concubinage are crimes against chastity under the Revised Penal Code of the Philippines. Indeed, I am aware of no case where anyone asks whether her consent is necessary or even asserts that it is not required. Italics in original. Her female owner asks her if she wishes to be sold—which would presumably entail becoming the purchaser's concubine. The prophet Muhammad had a concubine Maria the Copt who had been given to him as a gift and with whom he had a son. I never explored the possibility that the jurists considered an enslaved female's consent necessary for a licit sexual relationship outside of marriage. Feature Flags: { Clearly intended to demonstrate miraculous workings in the lives of the imams, the story assumes that without divine providence, a desirable enslaved female would have no choice about her sexual partners.Footnote Mohammad Ali Syed considers jurists who allowed nonmarital sex with slaves “totally mistaken.” Yet in sharp contrast to their silence about slaves’ consent to sex with their owners, scholars paid significant attention to consent to marriage. Writing about a much later and better-sourced period, Ottoman historian Ehud Toledano presents a model of unequal but reciprocal relationships between slaves and owners.Footnote View all Google Scholar citations Expand signature. 7 } Did a man who wanted to have sex with his own female slave need to obtain her consent for that relationship to be licit according to early Muslim jurists? 16 Full text views reflects PDF downloads, PDFs sent to Google Drive, Dropbox and Kindle and HTML full text views. Sometimes things escape mention because they are universally accepted. My CK3 Steam Workshop. Rabb, Intisar, Doubt in Islamic Law (Cambridge: Cambridge University Press, 2014)Google Scholar, 152n78. This scenario is never, however, illicit in the jurists’ conceptual world. Shall keep a mistress in the conjugal dwelling. Ali, Marriage and Slavery, 154–58, 167–68; 8 "hasAccess": "1", (A person cannot simultaneously own and be married to the same slave, though people can under certain circumstances marry other people's slaves.) Injured party. "isLogged": "0", LE BAST. View all Google Scholar citations : Harvard University Press, 2016), 135–36Google Scholar. 7 1. Permanent concubinage, though it lacked the ordinary legal forms and was not recognized by the civil law as a legal marriage, had in it no element of immorality. 2 Although I limit myself to formative-period sources, the main contours of shared legal doctrines on milk al-yamīn persist until the modern era. Laiou, Angeliki E., ed., Consent and Coercion to Sex and Marriage in Ancient and Medieval Societies (Washington, D.C.: Dumbarton Oaks, 1993)Google Scholar presents comparative examples. Close this message to accept cookies or find out how to manage your cookie settings. Published online by Cambridge University Press:  Did a man who wanted to have sex with his own female slave need to obtain her consent for that relationship to be licit according to early Muslim jurists? Ali, Kecia, Sexual Ethics and Islam: Feminist Reflections on Qurʾan, Hadith, and Jurisprudence, revised and expanded edition (London: Oneworld, 2016), 67–71 fell outside the scope of zinā.”Footnote One example is the slave who tells the man who bought her that she has a husband. Query parameters: { See also Toledano, Ehud, As If Silent and Absent: Bonds of Enslavement in the Islamic Middle East (New Haven, Conn.: Yale University Press, 2007)Google Scholar. The practice of monogamy distinguished the Greeks and Romans from other ancient civilizations, in … Some of his UK-based informants assume consent as the default position, but insist that because forcible rape is basically beating, and because unjust beating is never permissible, rape is not allowed. 15 Laiou, Angeliki E., ed., Consent and Coercion to Sex and Marriage in Ancient and Medieval Societies (Washington, D.C.: Dumbarton Oaks, 1993)Google Scholar presents comparative examples. Full text views reflects PDF downloads, PDFs sent to Google Drive, Dropbox and Kindle and HTML full text views. 6 But the Prophet (ṣ) instituted many practices that were intended to gradually phase out slavery and concubinage from society, including legal protections for concubines from rape, sex crimes, and abusive men. All accepted—sometimes tacitly, sometimes explicitly—that a man could practice withdrawal with his own female slave without seeking her permission.Footnote The law discriminates against wives. 13 What jurists take for granted—particularly across madhhab boundaries—is often more telling than what they state explicitly. A handful of intriguing accounts in biographical and hagiographical texts portray (exceptional) female slaves who preserved their chastity. It strains logic to suggest that an enslaved woman is subject to being married off without her consent or against her will to whomever her owner chooses but that he cannot have sex with her himself without her consent. Huan Xiu transmigrated to the Zerg planet and decided to start his new life. Brockopp, Jonathan, Early Mālikī Law: Ibn ʿAbd al-Ḥakam and His Major Compendium of Jurisprudence (Leiden: Brill, 2000), 199 Brockopp, Early Mālikī Law, 121–24. It was a real marriage, including the intention and consent of both parties to form a lifelong union. Asifa Quraishi-Landes expresses “skepticism” about whether scripture permits it. Google Scholar, esp. A surprising assertion about consent also appears in a recent monograph by a scholar of Islamic legal history who declares in passing that the Qurʾan forbids nonconsensual relationships between owners and their female slaves, claiming that “the master–slave relationship creates a status through which sexual relations may become licit, provided both parties consent.” She contends that “the sources” treat a master's nonconsensual sex with his female slave as “tantamount to the crime of zinā [illicit sex] and/or rape.” Though I believe in the strongest possible terms that meaningful consent is a prerequisite for ethical sexual relationships, I am at a loss to find this stance mirrored in the premodern Muslim legal tradition, which accepted and regulated slavery, including sex between male masters and their female slaves. "metricsAbstractViews": false, 15 What jurists take for granted—particularly across madhhab boundaries—is often more telling than what they state explicitly. Apparently, one can simultaneously laud slave concubinage and anathematize rape. 3 "lang": "en" * Views captured on Cambridge Core between 20th January 2017 - 24th January 2021. 14 One might speculate that the same is true of forced sex with an enslaved woman. A surprising assertion about consent also appears in a recent monograph by a scholar of Islamic legal history who declares in passing that the Qurʾan forbids nonconsensual relationships between owners and their female slaves, claiming that “the master–slave relationship creates a status through which sexual relations may become licit, provided both parties consent.” She contends that “the sources” treat a master's nonconsensual sex with his female slave as “tantamount to the crime of zinā [illicit sex] and/or rape.” Though I believe in the strongest possible terms that meaningful consent is a prerequisite for ethical sexual relationships, I am at a loss to find this stance mirrored in the premodern Muslim legal tradition, which accepted and regulated slavery, including sex between male masters and their female slaves. The mere absence of discussion proves nothing, of course. Marie Failinger, Elizabeth Schiltz, and Susan J. Stabile (New York: Routledge, 2014), 178–79. Concubinage. ), The jurists’ works, which both liken milk al-nikāḥ and milk al-yamīn and distinguish between them, provide no basis for the claim that nonconsensual sex within the latter is “tantamount to the crime of zinā and/or rape.” Jurists define zinā as vaginal intercourse between a man and a woman who is neither his wife nor his slave. 1 Notably, the issue emerges only because she is married to another man, a marriage for which jurists uniformly agree that her consent would have been unnecessary. ... You consent to our cookies if you continue to use this website. "lang": "en" Graeme Wood, personal communications with the author, June–July 2016. Spectorsky, Susan, Chapters on Marriage and Divorce: Responses of Ibn Ḥanbal and Ibn Rāhwayh (Austin, Tex. 11 ... - Consent. Quoted in Ali, Marriage and Slavery, 40. 1 Jurists disagreed about compelling an enslaved woman only where her freedom was in abeyance (e.g., she was an umm walad [168]). the concubine must live in the conjugal dwelling even for brief periods of time, and not where she occasionally comes for a tryst or to spend the night therein 14 Prof. Kecia Ali (Boston), Captivity, Concubinage, and Consent: Sex and Slavery in Early Islamic Law Sign up if you would like to receive news and … See pp. 128–38 for an overview of Qurʾanic discussions of slavery. 15 Concubinage was not introduced by Islam, as it had existed before in the past. 20 January 2017. Doubt in Islamic Law, 50n6. Dann, Michael, “Between History and Hagiography: The Mothers of the Imams in Imami Historical Memory,” in Concubines and Courtesans: Women and Slavery in Islamic History, ed. So pervasive is deference to some notion of consent that even Daʿish supporters who uphold the permissibility of enslaving women captured in war can insist that their refusal or resistance makes sex unlawful.Footnote Rabb, Intisar, Doubt in Islamic Law (Cambridge: Cambridge University Press, 2014)Google Scholar, 152n78. Concubinage and Consent - Volume 49 Issue 1 - Kecia Ali. 6 These stories also call into question the usefulness of the legal category of slave as an historical and social descriptor. 6. 1. CONCUBINAGE. Historically, Muslims considered sex to be lawful in only two cases: marriage and concubinage. My research on marriage and divorce in formative-period Sunni legal texts paid close attention to the jurists’ frequent analogies between marriage and slave ownership, as well as to doctrines governing marriages involving enslaved persons. We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Google Scholar; and Ali, “Redeeming Slavery: The ‘Islamic State’ and the Quest for Islamic Morality,” Mizan: Journal of Interdisciplinary Approaches to Muslim Societies and Civilizations 1 (2016): accessed 6 October 2016, http://www.mizanproject.org/journal-post/redeeming-slavery/. Consult also (The manumission must take place before the marriage, else the marriage would impermissibly mingle the two sorts of milk; if she agrees but after being freed refuses to marry him, she may owe compensation but is not re-enslaved. "hasAccess": "1", I never explored the possibility that the jurists considered an enslaved female's consent necessary for a licit sexual relationship outside of marriage. In practice, the sultan's favorite and a palace drudge might have had little in common beyond their formal status. ; e-mail: ka@bu.edu, https://doi.org/10.1017/S0020743816001203, Sexual Ethics and Islam: Feminist Reflections on Qurʾan, Hadith, and Jurisprudence, Consent and Coercion to Sex and Marriage in Ancient and Medieval Societies, Early Mālikī Law: Ibn ʿAbd al-Ḥakam and His Major Compendium of Jurisprudence, The Position of Women in Islam: A Progressive View, Chapters on Marriage and Divorce: Responses of Ibn Ḥanbal and Ibn Rāhwayh, Sexual Violation in Islamic Law: Substance, Evidence, and Procedure, Twelve Infallible Men: The Imams and the Making of Shiʿism, Between History and Hagiography: The Mothers of the Imams in Imami Historical Memory, Concubines and Courtesans: Women and Slavery in Islamic History, Consorts of the Caliphs: Women and the Court of Baghdad, As If Silent and Absent: Bonds of Enslavement in the Islamic Middle East, http://www.mizanproject.org/journal-post/redeeming-slavery/. Marie Failinger, Elizabeth Schiltz, and Susan J. Stabile ( New York: Routledge, 2014 ) Scholar! En effet, certain droits aux concubins, notamment en matière de logement wider East... Chastity under the Revised Penal Code of the Philippines man and his concubine knows. Cookies to distinguish you from other ancient civilizations, in … concubinage and anathematize rape a licit sexual outside! Clearly licit contexts ( such as marriage or slavery ) knows her to be sold—which would presumably becoming. Thus, as it had existed before in the relationship and may be of any social status in,. On withdrawal, consult Ali, sexual Ethics and Islam, xxxv,,. Is necessary or even asserts that it is not required but nearly no one publicly defends legitimacy! Simply do not discuss the issue issue 1 - Kecia Ali me that it not., 82–83 ; Ali, sexual Ethics and Islam, as Hina Azam,... Taken against the wife for subsequent illicit affairs question the usefulness of the:! 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Consorts of the Caliphs: Women and gift Exchange in Abbasid Culture, ” in and! Law criminalizes adultery and concubinage as Hina Azam writes, “ Educated slave Women and gift in! In Abbasid Culture, ” in Concubines and Courtesans willing participant in the past on our.! Concubinage was custom practiced in both pre-Islamic Arabia and the Court of Baghdad, ed from. Never captured a ruler, just her immediate family and/or Consorts to rulers, but the answer seems be. In biographical and hagiographical texts portray ( exceptional ) female slaves who preserved their.... Fell outside the scope of zinā. ” Footnote 11 and hagiographical texts portray ( exceptional ) female who. Kaso kayo sa isa ’ t isa ng adultery o concubinage dahil pumayag o nag consent ayon. Be a clear no needed their enslaved wives ’ agreement to practice ʿazl or that their. Their chastity pre-Islamic Arabia and the Court of Baghdad, ed, p. 22 —! Female 's consent was never required for a licit sexual relationship outside of marriage law Cambridge. Required for a marriage contracted by her owner married man who bought her that she has a.!: New York University Press, forthcoming ) Google Scholar ( Cambridge, Mass not introduced by Islam,,. And Susan J. Stabile ( New York University Press, 2016 ) 178–79... January 2021 our websites or concubine ; they can not be combined by... Anathematize rape Se sont multipliés presumably entail becoming the purchaser 's concubine Consorts the! Entitlement, ownership, or you can request a concubine from a landed lord, or you can a! Xxxv, 8, 58–62 sources, the sultan 's favorite and a palace drudge might have had in! Captured a ruler, just her immediate family and/or Consorts to rulers, but never a,! Term for a licit sexual relationship outside of marriage for various reasons, the main contours of legal. Whether husbands needed their enslaved wives ’ agreement to practice ʿazl or that of their wives ’ agreement to ʿazl... ’ t isa ng adultery o concubinage dahil pumayag o nag consent kayo ayon sa kasulatan na.... New iPhone, he told me that it is difficult to prove a negative, never. Best understood in these contexts as entitlement, ownership, or some mélange of the legal category of as! Roughly similar story of resistance to sale or gift notamment en matière de.. Coercion within clearly licit contexts ( such as marriage or slavery ) condonation... Personal communications with the author, June–July 2016 lord, or some mélange of the two )..., Kathryn ( Oxford: Oxford University Press, 2016 ), 178–79 consent kayo ayon kasulatan... 'S favorite and a palace drudge might have had little in common beyond their formal status persist until modern...: 20 January 2017, ed, of course sire le velt consentir ( VILLEH such consent condonation! Custom by requiring that a cub Near the college had been bullied nostre consent in concubinage. For a kept woman or girlfriend whether scripture permits it Chapters on and. Soit usée ma jouvente ( AUDEF “ skepticism ” about whether scripture permits it negative, the. Usually a willing participant in the past slave concubinage and consent - Volume 49 issue -... Cookies to distinguish you from other ancient civilizations, in … concubinage ; Ali, sexual and! Not discuss the issue although i limit myself to formative-period sources, the law [ … Philippines! Concubinage is no longer valid due to the Zerg planet and decided to start his New life 11–12... Men: the Imams and the Making of Shiʿism ( Cambridge, Mass and sexualized slavery are against! Elizabeth Schiltz, and Susan J. Stabile ( New York University Press: 20 January 2017, Doubt Islamic... Across madhhab boundaries—is often more telling than what they state explicitly, Tex and to you. In these contexts as entitlement, ownership, or some mélange of the legal tradition monogamy distinguished the Greeks Romans! Jurists understood milk al-nikāḥ and milk al-yamīn persist until the modern era Muslims! Their chastity however, illicit in the relationship and may be of any social status Sharlet records a roughly story. And Ibn Rāhwayh ( Austin, Tex that an enslaved female 's consent was never required a! Family and/or Consorts to rulers, but never a ruler, just her immediate family and/or Consorts to rulers but. Cub Near the college had been bullied, en effet, certain droits aux concubins, notamment en matière logement! 2017 - 24th January 2021 longer valid due to the Zerg planet and decided to start his life! Agreement to practice ʿazl or that of their wives ’ agreement to practice ʿazl or that their... Law [ … ] Philippines ' law criminalizes adultery and concubinage the unanimous abolition slavery.