According to Islamic law, Muslim men can take “captives of the right hand” (Qur’an 4:3, 4:24, 33:50). The Qur’an says: “O Prophet! Lo! We have made lawful unto thee thy wives unto whom thou hast paid their dowries, and those whom thy right hand possesseth of those whom Allah hath given thee as spoils of war” (33:50). 4:3 and 4:24 extend this privilege to Muslim men in general.
And it isn’t just the Islamic State that takes all this as applicable to the modern age. The Egyptian Sheikh Abu-Ishaq al-Huwayni declared in May 2011 that “we are in the era of jihad,” and that meant Muslims would take slaves. In a subsequent interview he elaborated:
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” [Koran 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.
Around the same time, on May 25, 2011, a female Kuwaiti 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?”
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.”
The savage exploitation of girls and young women is, unfortunately, a cross-cultural phenomenon, but only in Islamic law does it carry divine sanction.
“Thousands of Yazidi women sold as sex slaves ‘for theological reasons’, says Isil,” by Richard Spencer, the Telegraph, October 13, 2014:
Islamic State jihadists have given detailed theological reasons justifying why they have taken thousands of women from the Iraqi Yazidi minority and sold them into sex slavery.
A new article in the Islamic State English-language online magazine Dabiq not only admits the practice but justifies it according to the theological rulings of early Islam.
“After capture, the Yazidi women and children were then divided according to the Sharia amongst the fighters of the Islamic State who participated,” the article says.
It says there is a difference between women from Muslim sects the jihadists regard as heretical, who can be considered as “apostates”, and the so-called mushrikin – polytheists and pagans.
“Their women could be enslaved, unlike female apostates.”
The women were seized when the group swept across parts of northern Iraq in early August.
When the jihadists attacked areas occupied by Yazidis, the West’s attention focused on the tens of thousands of refugees who crowded on to the barren hills of nearby Mount Sinjar, before they were rescued by Kurdish fighters.
But thousands more were surrounded and captured in nearby towns and villages.
The article does not specify that they are to be used as sex slaves, but later on equates them with “concubines”….
But most of it is devoted to theological justifications for Islamic State behaviour, citing early clerics and the practices of the Prophet Mohammed and his Companions during the early years of Islamic expansion.
“The enslaved Yazidi families are now sold by the Islamic State soldiers as the mushrikin were sold by the Companions before them,” the article, entitled “The Revival of Slavery before the Hour”, says.
It says that “well-known” rules are observed, including not separating mothers from their children – something which may account for the number of teenage girls being used in this way, according to their families.
It says that 20 per cent of women are being taken in this way, in accordance with rules demanding a fifth of property captured in war to be handed over as tax.
The women are also given the chance to convert to Islam.
“This large-scale enslavement of mushrik families is probably the first since the abandonment of this sharia law,” the article says.
“The only other known case – albeit much smaller – is that of the enslavement of Christian women and children in the Philippines and Nigeria by the mujahedeen there.”