The justification for this is rooted in the Qur’an’s allowance of sexual slavery:
If you fear that you will not act justly towards the orphans, marry such women as seem good to you, two, three, four; but if you fear you will not be equitable, then only one, or what your right hands own; so it is likelier you will not be partial. (Qur’an 4:3)
The twentieth-century Qur’an commentator Maulana Bulandshahri explains:
During Jihad (religion war), many men and women become war captives. The Amirul Mu”minin [leader of the believers, or caliph — an office now vacant] has the choice of distributing them amongst the Mujahidin [warriors of jihad], in which event they will become the property of these Mujahidin. This enslavement is the penalty for disbelief (kufr).
He goes on to explain that this is not ancient history:
None of the injunctions pertaining to slavery have been abrogated in the Shari”ah. The reason that the Muslims of today do not have slaves is because they do not engage in Jihad (religion war). Their wars are fought by the instruction of the disbelievers (kuffar) and are halted by the same felons. The Muslim [sic] have been shackled by such treaties of the disbelievers (kuffar) whereby they cannot enslave anyone in the event of a war. Muslims have been denied a great boon whereby every home could have had a slave. May Allah grant the Muslims the ability to escape the tentacles of the enemy, remain steadfast upon the Din (religion) and engage in Jihad (religion war) according to the injunctions of Shari”ah. Amen!
This is by no means an eccentric or unorthodox view in Islam. The Egyptian Sheikh Abu-Ishaq al-Huwayni declared in May 2011 that “we are in the era of jihad,” and that as they waged jihad warfare against infidels, Muslims would take slaves. He clarified what he meant in a subsequent interview:
…Jihad is only between Muslims and infidels”¦.Spoils, slaves, and prisoners are only to be taken in war between Muslims and infidels. Muslims in the past conquered, invaded, and took over countries. This is agreed to by all scholars–there is no disagreement on this from any of them, from the smallest to the largest, on the issue of taking spoils and prisoners. The prisoners and spoils are distributed among the fighters, which includes men, women, children, wealth, and so on.
When a slave market is erected, which is a market in which are sold slaves and sex-slaves, which are called in the Qur’an by the name milk al-yamin, “that which your right hands possess” [Qur’an 4:24]. This is a verse from the Qur’an which is still in force, and has not been abrogated. The milk al-yamin are the sex-slaves. You go to the market, look at the sex-slave, and buy her. She becomes like your wife, (but) she doesn’t need a (marriage) contract or a divorce like a free woman, nor does she need a wali. All scholars agree on this point–there is no disagreement from any of them. […] When I want a sex slave, I just go to the market and choose the woman I like and purchase her.
Right around the same time, on May 25, 2011, a female Kuwaiti activist and politician, Salwa al-Mutairi, also spoke out in favor of the Islamic practice of sexual slavery of non-Muslim women, emphasizing that the practice accorded with Islamic law and the parameters of Islamic morality.
…A merchant told me that he would like to have a sex slave. He said he would not be negligent with her, and that Islam permitted this sort of thing. He was speaking the truth”¦.I brought up (this man’s) situation to the muftis in Mecca. I told them that I had a question, since they were men who specialized in what was halal, and what was good, and who loved women. I said, “What is the law of sex slaves?”Â
The mufti said, “With the law of sex slaves, there must be a Muslim nation at war with a Christian nation, or a nation which is not of the religion, not of the religion of Islam. And there must be prisoners of war.”
“Is this forbidden by Islam?,” I asked.
“Absolutely not. Sex slaves are not forbidden by Islam. On the contrary, sex slaves are under a different law than the free woman. The free woman must be completely covered except for her face and hands. But the sex slave can be naked from the waist up. She differs a lot from the free woman. While the free woman requires a marriage contract, the sex slave does not–she only needs to be purchased by her husband, and that’s it. Therefore the sex slave is different than the free woman.”
While the savage exploitation of girls and young women is an unfortunately cross-cultural phenomenon, only in Islamic law does it carry anything approaching divine sanction. Here is yet another human rights scandal occasioned by Islamic law that the international human rights community and the mainstream media cravenly ignore.
“Syrian Mufti’s Aide Gives Army Permission to Rape,” by Dalit Halevi and Ari Yashar for Israel National News, January 2 (thanks to Jerk Chicken):
Human rights groups report that thousands of women have been raped by Syrian army soldiers in the ongoing war, which is now in its third year and has left 130,000 dead. That trend appears likely to only increase, as a deputy to the Chief Mufti (Islamic scholar) of Syria has given religious permission to rape.
On Thursday, Sheikh Abd al-Rahman Ali al-Dala, aid to the chief mufti of Syria, who is loyal to President Bashar Assad, gave an interview to Sham FM, a radio station that supports Assad.
In the interview, Al-Dala said Syrian army soldiers have permission to “marry” unmarried and married women, sisters and mothers of the rebel fighters, without any official marriage agreement. He clarified that the rape is intended as a punishment for not reporting the rebels to the goverment [sic] forces.
In making his statement, the Sheikh placed his religious authority behind the rape of women and girls by soldiers, as part of their fight against the rebels.
According to testimony taken from captured soldiers and captains before they were put to death by rebels, rape has been employed as a common practice by the army, well before Al-Dala’s official religious support was stated.
While particularly attractive women are reportedly brought to senior commanders, rape victims include religious muslim women dressed in face veils and full-body cloaks (niqab).
It must be noted that for their part, the rebels have publicized religious permission for their fighters to do as they please with women who fall into their hands. Rebels from Al Qaeda have also apparently have been forcing Syrian Druze communities to convert to Islam….