Daesh 'Fatwa' Gives Guidelines On Rape Of Captured Women

NEW DELHI: The Islamic State, also known as ISIS or Daesh, has drawn up a fatwa detailing how and when its fighters can rape female sex slaves, an act the group calls one of the “inevitable consequences of jihad.”

The document was revealed by Reuters news agency after being discovered among a number of documents discovered by US Special Forces in Syria. It was drawn up by Daesh’s “Committee of Research and Fatwas” and was released in response to a question on unspecified “violations” by militants owning female slaves.

It is important to note that the religious interpretation used by the group to justify the guidelines are widely rejected by the Muslim world as a major perversion of the teachings of Islam.

The document, which not been independently verified, provides 15 rulings regulating intervourse with female slaves.

The fatwa starts with a question: "Some of the brothers have committed violations in the matter of the treatment of the female slaves. These violations are not permitted by Sharia law because these rules have not been dealt with in ages. Are there any warnings pertaining to this matter?"

“If the owner of a female captive, who has a daughter suitable for intercourse, has sexual relations with the latter, he is not permitted to have intercourse with her mother and she is permanently off limits to him,” one listing says.

“Should he have intercourse with her mother then he is not permitted to have intercourse with her daughter and she is to be off limits to him.”

“Owners” are banned from raping two sisters at the same time, or passing slaves been father and son, or other relatives

The listings also ban anal sex.

Further, any slave who is made pregnant by her “owner” must be kept and freed after his death.

“The owner of a female captive should show compassion towards her, be kind to her, not humiliate her and not assign her work she is unable to perform,” the listing says, adding that militants cannot knowingly sell a slave to anyone they know will mistreat them.

The listings also prohibit intercourse if a slave is menstruating or is pregnant, It prohibits forced abortions.

This is not the first time a document prepared by Daesh pertaining to female slaves has been found. Last year, the group seemed to have released a pamphlet that contains within it guidelines on how to capture and treat female “slaves”. The pamphlet is presented in a “Question and Answer” format. It first appeared on Twitter where it was circulated by pro-Islamic State accounts.

This pamphlet was published in Arabic, and has been translated by the Washington-based Middle East Media Research Institute. The translation is reproduced below:

"Question 1: What is al-sabi?

"Al-Sabi is a woman from among ahl al-harb [the people of war] who has been captured by Muslims.

"Question 2: What makes al-sabi permissible?

"What makes al-sabi permissible [i.e., what makes it permissible to take such a woman captive] is [her] unbelief. Unbelieving [women] who were captured and brought into the abode of Islam are permissible to us, after the imam distributes them [among us]."

"Question 3: Can all unbelieving women be taken captive?

"There is no dispute among the scholars that it is permissible to capture unbelieving women [who are characterized by] original unbelief [kufr asli], such as the kitabiyat [women from among the People of the Book, i.e. Jews and Christians] and polytheists. However, [the scholars] are disputed over [the issue of] capturing apostate women. The consensus leans towards forbidding it, though some people of knowledge think it permissible. We [ISIS] lean towards accepting the consensus…"

"Question 4: Is it permissible to have intercourse with a female captive?

"It is permissible to have sexual intercourse with the female captive. Allah the almighty said: '[Successful are the believers] who guard their chastity, except from their wives or (the captives and slaves) that their right hands possess, for then they are free from blame [Koran 23:5-6]'..."

"Question 5: Is it permissible to have intercourse with a female captive immediately after taking possession [of her]?

"If she is a virgin, he [her master] can have intercourse with her immediately after taking possession of her. However, is she isn't, her uterus must be purified [first]…"

"Question 6: Is it permissible to sell a female captive?

"It is permissible to buy, sell, or give as a gift female captives and slaves, for they are merely property, which can be disposed of [as long as that doesn't cause [the Muslim ummah] any harm or damage."

"Question 7: Is it permissible to separate a mother from her children through [the act of] buying and selling?

"It is not permissible to separate a mother from her prepubescent children through buying, selling or giving away [a captive or slave]. [But] it is permissible to separate them if the children are grown and mature."

"Question 8: If two or more [men] buy a female captive together, does she then become [sexually] permissible to each of them?

"It is forbidden to have intercourse with a female captive if [the master] does not own her exclusively. One who owns [a captive] in partnership [with others] may not have sexual intercourse with her until the other [owners] sell or give him [their share]."

"Question 9: If the female captive was impregnated by her owner, can he then sell her?

"He can't sell her if she becomes the mother of a child..."

"Question 10: If a man dies, what is the law regarding the female captive he owned?

"Female captives are distributed as part of his estate, just as all [other parts] of his estate [are distributed]. However, they may only provide services, not intercourse, if a father or [one of the] sons has already had intercourse with them, or if several [people] inherit them in partnership."

"Question 11: May a man have intercourse with the female slave of his wife?

"A man may not have intercourse with the female slave of his wife, because [the slave] is owned by someone else."

"Question 12: May a man kiss the female slave of another, with the owner's permission?

"A man may not kiss the female slave of another, for kissing [involves] pleasure, and pleasure is prohibited unless [the man] owns [the slave] exclusively."

"Question 13: Is it permissible to have intercourse with a female slave who has not reached puberty?

"It is permissible to have intercourse with the female slave who hasn't reached puberty if she is fit for intercourse; however if she is not fit for intercourse, then it is enough to enjoy her without intercourse."

"Question 14: What private parts of the female slave's body must be concealed during prayer?

"Her private body parts [that must be concealed] during prayer are the same as those [that must be concealed] outside [prayer], and they [include] everything besides the head, neck, hands and feet."

"Question 15: May a female slave meet foreign men without wearing a hijab?

"A female slave is allowed to expose her head, neck, hands, and feet in front of foreign men if fitna [enticement] can be avoided. However, if fitna is present, or of there is fear that it will occur, then it [i.e. exposing these body parts becomes] forbidden."

"Question 16: Can two sisters be taken together while taking slaves?

"It is permissible to have two sisters, a female slave and her aunt [her father's sister], or a female slave and her aunt [from her mother's side]. But they cannot be together during intercourse, [and] whoever has intercourse with one of them cannot have intercourse with the other, due to the general [consensus] over the prohibition of this."

"Question 17: What is al-'azl?

"Al-'azl is refraining from ejaculating on a woman's pudendum [i.e. coitus interruptus]."

"Question 18: May a man use the al-'azl [technique] with his female slave?

"A man is allowed [to use] al-'azl during intercourse with his female slave with or without her consent."

"Question 19: Is it permissible to beat a female slave?

"It is permissible to beat the female slave as a [form of] darb ta'deeb [disciplinary beating], [but] it is forbidden to [use] darb al-takseer [literally, breaking beating], [darb] al-tashaffi [beating for the purpose of achieving gratification], or [darb] al-ta'dheeb [torture beating]. Further, it is forbidden to hit the face."

Question 20: What is the ruling regarding a female slave who runs away from her master?

"A male or female slave's running away [from their master] is among the gravest of sins…"

"Question 21: What is the earthly punishment of a female slave who runs away from her master?

"She [i.e. the female slave who runs away from her master] has no punishment according to the shari'a of Allah; however, she is [to be] reprimanded [in such a way that] deters others like her from escaping."

"Question 22: Is it permissible to marry a Muslim [slave] or a kitabiyya [i.e. Jewish or Christian] female slave?

"It is impermissible for a free [man] to marry Muslim or kitabiyat female slaves, except for those [men] who feared to [commit] a sin, that is, the sin of fornication…"

"Question 23: If a man marries a female slave who is owned by someone else, who is allowed to have intercourse with her?

"A master is prohibited from having intercourse with his female slave who is married to someone else; instead, the master receives her service, [while] the husband [gets to] enjoy her [sexually]."

"Question 24: Are the huddoud [Koranic punishments] applied to female slaves?

"If a female slave committed what necessitated the enforcement of a hadd [on her], a hadd [is then] enforced on her – however, the hadd is reduced by half within the hudud that accepts reduction by half…"

"Question 25: What is the reward for freeing a slave girl?

"Allah the exalted said [in the Koran]: 'And what can make you know what is [breaking through] the difficult pass [hell]? It is the freeing of a slave.' And [the prophet Muhammad] said: 'Whoever frees a believer Allah frees every organ of his body from hellfire.'"