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Comparison of rights and limitations of Muslim wives, female slaves and concubines

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This chart provides a comparison of the rights and limitations of Muslim wives, female slaves, and concubines in Islamic law. It serves as an educational resource for understanding the historical and cultural context of gender roles in Islamic societies. The chart is not intended to make claims about the moral or ethical status of these relationships, but rather to present a clear and concise overview of the legal rights and limitations that were assigned to each group in accordance with classical Islamic jurisprudence.

Table 1[edit]

Sr Musim Wives Female slaves Concubine

without child

Umm Walad

With child

Authors Refs and notes
1 First contact Through intermediary for marriage proposal with both sides having right of choice and consent (with parental guidance in some cases) Capture in conflict zones or buying from trader sans right of choice or consent Same as Female slaves if one follows Islam properly but non conflict zone non bought consensual concubine may exist in some cases Same as Concubine without child
Physical examination Pre marriage meeting possible without physical examination Owner gets right of physical verification (being physical) without slaves consent
Right of contract Has right to put conditions in contract to be fulfilled by husband during marriage and on divorce No right of putting conditions in contract other than requesting manumission contract if slave owner wish to agree Same as female slave Same as female slave Same as female slave
Clothing Additional levels of clothing or veiling can become mandatory While for financial support dependent on Owner veiling is not as much mandatory
Right and mandatory ritual of three times consent for marriage Right and mandatory ritual of three times consent for marriage available other than child brides Right and mandatory ritual of three times consent for marriage not available same as female slave same as female slave
Right to meet maternal relatives upon marriage or capture or buying of Non Muslim women
Sexual intercourse Wife is expected to consent whenever Husband demands while retaining right to privacy, Consent marriage itself assumed as perpetual consent so no recourse if sex is forced in later married life Right of consent not mentioned at any level, but an ideal slave is supposed to accept orders of owner whatever those are. Right of consent not mentioned at any level, but an ideal slave is supposed to accept orders of owner whatever those are. Right of consent not mentioned at any level, but an ideal slave is supposed to accept orders of owner whatever those are.
Right to maintenance during relationship Right of maintenance and fulfilling of marriage contract and right to appeal on non fulfillment Expected to be treated like family member but no formal rights which can be appealed Expected to be treated like family member but no formal rights which can be appealed Expected to be treated like family member but no formal rights which can be appealed
Right to initiate divorce or manumission from Woman's side
Right to reentry in the relationship
Right to child upbringing From previous relationships and on ending of relationship
Right to maintenance after end of relationship
Inheritance rights of children
Social stigmatization issues on divorce and manumissions

See also[edit]

Notes[edit]

References[edit]

Bibliography[edit]

* Ali, Kecia. Marriage and Slavery in Early Islam. United Kingdom, Harvard University Press, 2010.

*BRILL:

Status Distinctions and Sartorial Difference: Slavery, Sexual Ethics, and the Social Logic of Veiling in Islamic Law

In: Islamic Law and Society

Author: Omar Anchassi1  20 Apr 2021  

* Chapter 14 - Slavery in the Islamic Middle East (c. 600–1000 CE)

from Part IV - The Islamic World Published online by Cambridge University Press:  09 September 2021 By Matthew S. Gordon


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