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Concubinage was a custom practiced in both pre-Islamic Arabia and the wider Near East and Mediterranean.[4] The Qur'an allowed this custom by requiring that a man not have sexual relations with anyone except for his wife or concubine. Muhammad had a concubine Maria the Copt who had been given to him as a gift by al-Muqawqis with whom he had a son. Some sources say he later freed and married her,[1] while others dispute this. Classical Islamic jurists did not place any limits on how many concubines a man could have. Prostitution of concubines was prohibited. A concubine who gave birth to a child was given the special status of an umm al-walad;[5] she could not be sold and was automatically free after her master's death.[6] The children of a concubine were considered free, legitimate and equal in status to the children from a man's wife.
There are similarities and differences in concubinage in Islam and other communities. Whereas in Islam the children of concubines were automatically legitimate this was not necessarily the case in Sassanian Persia or among the Mazdeans.[14] Instead the Sassanian shah chose a chief wife and only her children were legitimate.[14] Similarly, Christians living in Persia did not see the children of slave concubine as legitimate.[14] Concubinage practiced by Romans was generally monogamous,[14] whereas Islam did not place limits on number of concubines. On the other hand, the Islamic practice of freeing the concubine who had borne a child on the death of the master was also found among Persian Christians.[14]
The Qur'an allows men to have sexual relations with their female slaves, but promotes abstinence[21] and marriage as better choices.[9] The Quran regards such slaves as part of the family, though of lower social status than free family members.[22] Verse 4:3 formed the basis for a later rule that concubines must be freed before their master can marry them.[23] Verse 24:33 mandates that slaves be allowed to marry.[24] Verse 4:22 meant that married women could not become concubines even if they were a slave.[25]Verse 33:50, addressed to Muhammad, refers to women "possessed by the right hand" as "spoils of war".[26] This verse became the basis of allowing captive women to be distributed as concubines.[26] The Qur'an doesn't mention anything about large scale concubinage, which some Muslims practiced in history.[27]
The verses of the Qur'an that refer to concubinage are Meccan, and restrict sexual relations to wives and concubines ( 23:5-6, 70:29-30). The Medinan verses instead promote marriage to free women ( 4:25), marriage to slaves ( 24:32, 2:221) and recommend abstinence ( 4:25, 24:30).[28] Jonathan Brockopp sees this as a chronological progression, where the later ethic appears to limit sexual relations to marriage only.[28] Muhammad Asad believes the Qur'an doesn't recognize concubinage, instead restricting sexual relations to marriage only. He interprets the Qur'anic expression "those whom your right hands possess" as referring to a husband and wife who "rightfully possess" one another by virtue of marriage.[29]
Muhammad had no concubines for most of his life when he was married monogamously to Khadija.[30] Muhammad was sent two women as a gift from the Byzantine ruler of Alexandria and he took one of them, Mariyya, as a concubine.[4] According to some sources he later freed her after she bore him a child,[4] and married her. But this is contested by other sources.[31] With regards to Rayhana, some sources indicate she was his concubine while other sources say Muhammad freed her and married her.[31][32]
The Sahaba are known to have had intercourse with female prisoners after battles. After the battle against the Banu Mustaliq, a hadith reports that the sahaba took the female captives as concubines and asked Muhammad whether it was permissible to practice coitus interruptus with them.[40] Muhammad is believed to have responded in the affirmative. Muhammad then freed and married one of the captives, Juwayriyya bint al-Harith, thus making all the other captives related to Muhammad by marriage.[41] As a result, the sahaba freed their captives as well.[41] The sahaba are similarly known to have had sexual relations with the Hawazin women captured at the Battle of Hunayn. According to Ahmad ibn Hanbal these women had converted to Islam.[42] The female captives were later released.[citation needed]
Umar II, when he became caliph, realized he would no longer have time to spend with his concubines and so he freed some of his concubines and sent them back to their family.[53] On the other hand Hasan is said to have three hundred concubines.[54]
Concubines in Islamic law were slaves, never a free woman.[citation needed] The only possible sources of acquiring slaves were purchase, capture in war, receiving as gift, or being born into slavery.[22] Of these the most common source was purchase, though in early Islam receiving slaves as part of a tribute was another major source.[57]
Prostitution of concubines was prohibited.[9] If a concubine committed adultery, her punishment was half of that of a free woman.[21] A case was brought before Umar ibn Khattab incident a man raped a slave-girl; Umar commanded the man to be flogged:[69]
Other scholars have pointed out that the modern conception of sexual consent only came about since the 1970s, so it makes little sense to project it backwards onto classical Islamic law.[76] Premodern Muslim jurists rather applied the harm principle to judge sexual misconduct, including between a master and concubine.[77] Concubines could complain to judges if they were being sexually abused.[55] According to al-Bahūtī, if a concubine was injured during sex, her master had to set her free.[55]
These rules gave more rights to slaves than were given in Roman and Greek laws, where the child of a slave was also considered a slave.[81] By contrast in Islamic law, if either the father or mother was free, the child would be considered as free.[81] This was similar to the rights of slaves in Sassanian Iran.[80] While Muhammad is said to have a child from Maria the Copt (according to some sources his concubine, other sources say his wife), the rules of umm al-walad were explicitly stated after his death.[9] The children born of a man's concubine had the exact same status as the children born of the wife.[54] Lineage was determined by the father, not the mother.
Scholars differed from what the awrah of a concubine was, owing to her slave status. It is reported that Umar prohibited female slaves from resembling free women by covering their hair.[87] Some scholars have disputed the authenticity of this report.[citation needed] Later Islamic jurists said that it was preferred that slaves cover their body so as not to cause fitna (temptation).[87] According to Ibn Abidin, most Hanafi scholars did not allow a female slave's chest, breasts or back to be exposed.[87] However, according to Pernilla Myrne, Hanafis allowed other men to see and touch a slave's arms, breasts and legs.[88] Ibn Qayyim argued that the dress code of a concubine was different from the dress code of a female slave.[8]
If a man wishes to marry his concubine, he must free her prior to marriage.[23] This was a means of emancipation for concubines.[23] A concubine could also be married off by her master to another man, in which case her master lost the right to have sexual relations with her,[89] although he retained ownership of her.[23] This often happened when the master wished to marry his female slave to a male slave.[90] The master did not need to take the concubine's consent into account when marrying her off. Scholars have pointed out that women's lack of choice in marriage was commonplace in medieval times in the Muslim world and Western Europe.[91]
Abolition of slavery in the Muslim world was a process that mainly took place in the 19th and 20th centuries, though there were some early abolitionist precursors among Muslims in Africa.[98] In 1841, the ruler of Tunisia, himself the son of a concubine abolished slavery by decreeing that all slaves requesting freedom must be released. This decree was supported by the Hanafi and Maliki muftis.[99] In 1848, Shia ulema in Najaf allowed the Iranian Shah to declare slavery illegal.[99] In the Indian subcontinent, early anti-slavery views came from Syed Ahmad Khan. Many early Islamic abolition movements were opposed by conservative clergy. For example Egyptian clerics Muhammad Abduh and Rashid Rida were opposed by most of their contemporary jurists.[100] The abolition movement starting in the late 18th century in England and later in other Western countries influenced slavery in Muslim lands both in doctrine and in practice.[101] William Clarence-Smith has argued that "Islamic abolitionism" was indigenous and rooted in Islamic tradition. Ehud R. Toledano disputes this view, arguing there was no indigenous abolitionist narrative in the Muslim world,[100] and that abolition happened due to European pressure.[102] Bernard Freamon argues that it was both European pressure and efforts by Islamic clergy that curbed slavery.[99]
School dress codes that merely exclude types of clothing, such as gang colors or provocative attire, tend to be enacted without controversy. When codes require uniform-like attire, however, many parents and children object.
Faced with increasing student-discipline problems, particularly from gang violence (involving gangs whose members often identified themselves through items of clothing) and a rise in more prurient clothing in the 1980s and 1990s, school systems in the 1990s began to introduce dress codes, school uniforms, and uniform-like dress codes.
Similarly, the motives of advocates of mandatory uniforms or uniform-like dress codes vary from those who want to de-emphasize clothing and promote the egalitarianism implicit in similar clothing to those who primarily wish to avoid fights with their children over what to wear. 2b1af7f3a8