Converting a Girl Friend into a Concubine technically in Islam A...
H🇺🇸@Born2Takfir
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Sep 11, 2026
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Converting a Girl Friend into a Concubine technically in Islam
A Very Detailed Thread 🧵
A Very Detailed Thread 🧵
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In the Name of Allah, the Most Merciful, the Compassionate
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Table of Contents:
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Introduction and Reason for Writing:
So many brothers asked me about this topic, and they don't wanna fall into zina. I also saw some debating, so I decided to make this to help them avoid zina, and someone calling himself master or slave won't change anything.
So many brothers asked me about this topic, and they don't wanna fall into zina. I also saw some debating, so I decided to make this to help them avoid zina, and someone calling himself master or slave won't change anything.
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II. The Hanafi School
"Freedom is the right belonging to Allah, such that a free person may not be enslaved even with his consent."
2. Hanafi distinction between free persons and persons under the law of Siyar:
So if a person brings a captive into Dar al Islam like a slave —
"Freedom is the right belonging to Allah, such that a free person may not be enslaved even with his consent."
2. Hanafi distinction between free persons and persons under the law of Siyar:
So if a person brings a captive into Dar al Islam like a slave —
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Then she is considered a slave if he brought her like a free woman then she remains free."
The Hanafis said "If he brings harbis out from their place by force he acquires ownership but if they come voluntarily then he does not acquire ownership."
Hanafi Conclusion:
The Hanafis said "If he brings harbis out from their place by force he acquires ownership but if they come voluntarily then he does not acquire ownership."
Hanafi Conclusion:
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III. The Maliki School
1. Malik and the purchase of Ahl al-Harb
I asked Malik about his view on a harbi who comes with his umm walad, his son or his daughter and sells them? Is it permissible for us to purchase them from him?
Malik asked "Do they have a treaty?"
They said..
1. Malik and the purchase of Ahl al-Harb
I asked Malik about his view on a harbi who comes with his umm walad, his son or his daughter and sells them? Is it permissible for us to purchase them from him?
Malik asked "Do they have a treaty?"
They said..
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"No"
Malik replied:
"There is no harm in purchasing from them."
Notice what Malik asked first that legal category is therefore central
Malik replied:
"There is no harm in purchasing from them."
Notice what Malik asked first that legal category is therefore central
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2. The effect of Hudnah (Treaty):
3. The adult wife and adult daughter
"If a Harbi comes to us with his family and settles among us under safe conduct wishes to sell his children we may purchase except his wife and adult son who exercises authority over himself for...
3. The adult wife and adult daughter
"If a Harbi comes to us with his family and settles among us under safe conduct wishes to sell his children we may purchase except his wife and adult son who exercises authority over himself for...
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He may not sell him just as one cannot sell his fellow, unless his wife, his adult son and his adult daughter who exercises authority over herself consent to that, because their settling with him under safe-conduct is a single settlement under security."
This is striking.
This is striking.
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4. The distinction between Dar al-Harb and entry under safe-conduct
"It was only permitted here to take the women from them because they are in their own land, unlike the one who entered under safe-conduct."
5. Ibn Yunus and the adult children
"Even buying an adult daughter..
"It was only permitted here to take the women from them because they are in their own land, unlike the one who entered under safe-conduct."
5. Ibn Yunus and the adult children
"Even buying an adult daughter..
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is permissible because she manages her own affairs and its permissible if she consents to being sold."
Maliki Conclusion:
So its permissible to purchase even adult daughters from harbis because of the special law but only if she consents to being sold.
Maliki Conclusion:
So its permissible to purchase even adult daughters from harbis because of the special law but only if she consents to being sold.
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IV. The Shafi'i School
1. A free person does not become a slave through declaration
2. Sale of the free person is invalid
3. The Shafi'i treatment of enemy persons:
The Shafi school allows slavery through captivity rather than making slave contracts based on consent.
1. A free person does not become a slave through declaration
2. Sale of the free person is invalid
3. The Shafi'i treatment of enemy persons:
The Shafi school allows slavery through captivity rather than making slave contracts based on consent.
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Shafi'i Conclusion:
The Shafi'i School won't allow slavery conversion through consent sadly.
The Shafi'i School won't allow slavery conversion through consent sadly.
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V. The Hanbali School
1. Sale of the free person is invalid
(Dhimmi or Muslim this is not for harbis)
2. Qadi Abu Yala and the law of Ahl al-Harb
"If the Imam has made peace with harbis then we may not purchase them and enslave them."
He then explains the legal reason for it
1. Sale of the free person is invalid
(Dhimmi or Muslim this is not for harbis)
2. Qadi Abu Yala and the law of Ahl al-Harb
"If the Imam has made peace with harbis then we may not purchase them and enslave them."
He then explains the legal reason for it
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"Our evidence is that they are like dhimmis because of safe-conduct."
3. Ibn Taymiyyah's explicit discussion of self-sale by a harbi:
Someone asked him if a disbeliever in the lands of disbeliever who was burdened by a debt: he sold himself to a Muslim took the price, paid...
3. Ibn Taymiyyah's explicit discussion of self-sale by a harbi:
Someone asked him if a disbeliever in the lands of disbeliever who was burdened by a debt: he sold himself to a Muslim took the price, paid...
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his debt with it, and also sold his daughter, and they consented to slavery...
Ibn Taymiyyah answered:
"If a Muslims enters Dar al-Harb without safe-conduct he may purchase their clidren and departs with them to Dar al-Islam, they become his property by agreement of the Imams"
Ibn Taymiyyah answered:
"If a Muslims enters Dar al-Harb without safe-conduct he may purchase their clidren and departs with them to Dar al-Islam, they become his property by agreement of the Imams"
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"Likewise if the harbi sells himself to the Muslim and departs with him, he becomes his property by the way of greater priority."
"Indeed, even if they gave him their children without a price and he departed with them, he would own them so how much more if they sold them to him"
"Indeed, even if they gave him their children without a price and he departed with them, he would own them so how much more if they sold them to him"
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He concluded with this:
"For the persons and property of the enemy combatants are legally unprotected for Muslims: when they acquire poesseion of them through a lawful means, they acquire ownership of them."
4. He still said there is disagreement among scholars about aman.
"For the persons and property of the enemy combatants are legally unprotected for Muslims: when they acquire poesseion of them through a lawful means, they acquire ownership of them."
4. He still said there is disagreement among scholars about aman.
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VI. Contracts, Consent, and the Mode of Acquisition:
As per Malikis and Hanbalis an adult harbi woman can consent to being sold and this is very important for out study you cannot make a Muslim your slave but only a harbi like this.
And also you don't need a contract.
As per Malikis and Hanbalis an adult harbi woman can consent to being sold and this is very important for out study you cannot make a Muslim your slave but only a harbi like this.
And also you don't need a contract.
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1. The Legal Rationale: Acquisition, Not Contractual Form:
A table showing the method to acquire someone and how Ibn Taymiyyah explained it:
A table showing the method to acquire someone and how Ibn Taymiyyah explained it:
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2. How Consent Functions in Maliki and Hanbali Juristic Frameworks, A Table:
A. The Maliki rule is that consent of an adult harbi is enough
"It is Concluded by whatever indicates consent, even by physical handover."
Malikis are the most explicit when it comes to this
A. The Maliki rule is that consent of an adult harbi is enough
"It is Concluded by whatever indicates consent, even by physical handover."
Malikis are the most explicit when it comes to this
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B. The Hanbali Rule and Ibn Taymiyyah's Princple:
"Contracts return to the customary practice of the people; wheatever people treat as a sale, lease, or gift is treated as a sale, lease, or gift."
Verbal consent or practical surrender may be evidence of the parties' intention.
"Contracts return to the customary practice of the people; wheatever people treat as a sale, lease, or gift is treated as a sale, lease, or gift."
Verbal consent or practical surrender may be evidence of the parties' intention.
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The Shafi'i Madhab won't allow us to use this verbal method
5. Position of the Hanafi School: Contract, Consent, or Physical Acquisition?
"If she leaves voulantarily, she is free but if she is brought into Dar al-Islam forcibly as a captive is brought out, she is enslaved."
5. Position of the Hanafi School: Contract, Consent, or Physical Acquisition?
"If she leaves voulantarily, she is free but if she is brought into Dar al-Islam forcibly as a captive is brought out, she is enslaved."
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6. Comparison of the Four Madhabs:
A table
A table
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VII. What the Four Madhabs Together Establish
1. The ordinary rule that you cannot become a slave if you are a Muslim.
2. The Special rule of the harbi:
3. Maliki adult-consent material:
They explicitly mention that a person can purchase a harbi's wife, and adult daughter.
1. The ordinary rule that you cannot become a slave if you are a Muslim.
2. The Special rule of the harbi:
3. Maliki adult-consent material:
They explicitly mention that a person can purchase a harbi's wife, and adult daughter.
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4. The Ibn Taymiyyah formulation:
"The Harbi sold himself so he becomes the property of a Muslim."
"The Harbi sold himself so he becomes the property of a Muslim."
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VIII. Things Which cannot Be Established
These sources do not establish that:
Every non Muslim is automatically subject to enslavement;
consent by itself always creates riqq;
every school treats the harbi identically;
aman is irrelevant.
These sources do not establish that:
Every non Muslim is automatically subject to enslavement;
consent by itself always creates riqq;
every school treats the harbi identically;
aman is irrelevant.
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IX. Final Comparative Table:
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X. Conclusion and the Technical Method
The most defensible reading of the classical material is that ordinary self-enslavement and acquisition of the harbi are not one and the same legal question.
For and ordinary free Muslim the jurists' rule is emphatic:
Malikis need consent
The most defensible reading of the classical material is that ordinary self-enslavement and acquisition of the harbi are not one and the same legal question.
For and ordinary free Muslim the jurists' rule is emphatic:
Malikis need consent
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So the Technical Method which you can follow to technically convert someone like your girl friend into a concubine is here:
It's not easy thats what i am gonna say
It's not easy thats what i am gonna say
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The correct conclusion is therefore both narrower and stronger than either extreme. Ordinary self-enslavement is invalid but the classical rules about the harbis are very useful and can work even in this age if you follow the principles correctly.
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Primary Sources Cited:
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General sources:
O Allah send blessings upon our Master Muhammad and upon his family and companions and grant them peace.
End of thread.
O Allah send blessings upon our Master Muhammad and upon his family and companions and grant them peace.
End of thread.