Even though slavery and concubinage no longer exist today, can concubines (female slaves) be taken as booty in a war?

a) I read on our website that during the war, women and child slaves who were not on the battlefield could be taken as booty. Is it an order or a permission?
- For example, is it a permission that can be applied to completely neutralize races that are considered very dangerous, but cannot be applied to tribes where there is no such danger; or is it an order that must be strictly implemented?

b) Although slavery and concubinage no longer exist today, can concubines (female slaves) be taken as booty in a war?

- Or should it be thought that it is more appropriate not to use this permission since such a system no longer exists today - Islam has also systematically eliminated the slavery system - ?

- Should we think that the Quran can be taken because it is a book that rules all ages, or would it be more appropriate not to take it because it is a religion that has systematically ended slavery?

- I have read all the articles regarding the issue on your site, but I could not come to a conclusion.

Dear Brother / Sister,

a) All the property of the unbelievers obtained as a result of the war is regarded as booty and is shared among the mujahids (warriors). The unbelievers’ families and children who do not participate in the war are also regarded as part of this booty.

- According to Hanafis, the enslavement of captive women depends on the order of the imam. However, the imam / head of state does not have the right to release the captured slaves/concubines without taking anything in return because this behavior will strengthen the unbelieving enemies. For example, freed women will have children and raise new enemy soldiers.

- According to Maliki madhhab, the imam / head of state can free the captured slaves without taking anything in return.

- According to Shafi’is and Hanbalis, the imam / head of state can release them without taking anything in return if he obtains the consent of the mujahids because this booty - before the division - automatically has become the common property of the mujahids. Their shares are determined by the division to be made later. Therefore, the imam cannot free the slaves without obtaining the consent of those property owners. (see W. Zuhayli, al-Fiqhul-Islami, 6/471)

- It is understood from those explanations that, according to the majority of scholars, all booty, including women and children, is the common property of the mujahids. Every mujahid has his share. This share is the own property of the mujahid in question. Therefore, a person has the right to dispose of his property as he wishes. Therefore, a mujahid can free his own slaves and concubines whenever he wishes. Or he can free a concubine and marry her as a wife... There is no obligation to use her as a slave.

b) In our opinion, since there is no such thing as slavery today, mujahids cannot take the enemy’s people as slaves or concubines.

First of all, it is against the spirit of Islam because when Islam came, there was slavery all over the world. It was not possible to eliminate this institution, accepted by the whole world, at once. For example: The enemy could have thought, “It is not possible for Muslims to take slaves / concubines.” Thus, they would not have returned the Muslim slaves because in that case, the Muslims would have lost the means to save their captives through exchange.

However, the Prophet of Islam determined a new status for slaves and decreed that they should be treated humanely. The issue of freeing slaves at every opportunity is stated very clearly in the Quran and Islamic law.

It can be understood from this that the elimination of slavery is an important goal in the religion of Islam. Therefore, it is unacceptable for the people who are members of such a religion to revive that practice - after it has disappeared all over the world - as it will completely damage the liberal and humane image of Islam.

Questions on Islam