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Shafi‘i's treatment of the issue is slightly different. Speaking of grown-up Zoroastrian or polytheist women taken into captivity, he maintains that … - Yohanan Friedmann
" "Shafi‘i's treatment of the issue is slightly different. Speaking of grown-up Zoroastrian or polytheist women taken into captivity, he maintains that no sexual relations with them are allowed before they embrace Islam without bringing up the question of converting them forcibly. If the female captives are minor but were taken captive with at least one of their parents, the ruling is the same. If, however, the girl was captured without her parents, or one of her parents embraced Islam, she is considered a Muslim and is coerced into embracing it (nahkumu lahā bihukm al-Islām wa nujbiruhā ‘alayhi). Once this happens, sexual relations with her are lawful.
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About Yohanan Friedmann
Yohanan Friedmann (born 1936) is an Israeli scholar of Islamic studies.
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Additional quotes by Yohanan Friedmann
The prevalent view of the jurisprudents is that sexual intercourse of any kind is not permissible with Zoroastrian or idolatrous women. According to some, a Muslim who has intercourse with such a woman is (from the religious view point) not better than the infidel woman herself. This being so, most fuqaha maintain that women belonging to these groups should embrace Islam before any intercourse can take place. If they refuse, they are used as servants, but sexual intercourse with them is not permitted. This is evidently not an optimal solution, and numerous traditions maintain that women who refuse to embrace Islam willingly should be subjected to coercion.
We have also seen that according to the prevalent view of the traditionists, a female polytheist must be converted to Islam, by coercive measures if necessary, before any sexual relationship with her can take place... Conversion to Islam is not mentioned here as a necessary condition for sexual relations. In the opinion of Mujhid, the captive girl should shave her pubic hair, trim her hair and pare her nails. Then she should perform ablution, wash her clothes, pronounce the shahada and perform a Muslim prayer. But even if she refuses to do these things, her master is still allowed to have sexual relations with her once she has had one menstrual period in his house. And Safiıd b. al-Musayyab simply says that “there is nothing wrong in a man having sexual relations with his Zoroastrian slave-girl”... Ibn Qayyim al-Jawziyya observes, on the other hand, that: "they (i.e., the Prophet’s companions) did not make sexual relations with Arab captives contingent on their conversion; rather they had sexual relations with them after one menstrual period. God allowed them to do this and did not make it conditional on conversion." Summing up, Ibn Qayyim al-Jawziyya says that there is not a single tradition which makes sexual relations with female captives contingent on their conversion.
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