Answer

Allah states in the Quran: “… But if you fear that you will not be able to maintain justice between your wives, then marry only one or any slave girl you may own. That will be more suitable, so that you may not deviate from the Right Way.”(Surah An Nisa: 3)

From the above verse it is clear that a person who is unable to maintain justice between wives is restricted and ordered to keep only one or make do with a slave girl they may own.

According to Shariah, slaves are those individuals (men and women) who were taken prisoners from the disbelievers during Jihad. As part of the distribution of the spoils of war they are given to the Muslims by the Amir of the time.  (These slaves can then be bought and sold between the communities) The offspring’s of these prisoners also become slaves except in some specific circumstances (Maariful Quran, Vol 2, P371). The scholars are of the opinion that the conditions that are required to enable the possibility of possession of slaves do not exist nowadays, therefore the servants that are kept in houses nowadays to not fall under the category of slave and to live with someone by declaring that they are slaves is not accepted in Shariah and is haram.

Further in the same Surah Allah states: “And the one who cannot afford to marry the free Muslim women, then (he may marry) the one you own of the Muslim girls. And Allah knows best about your faith. You are similar to each other. So, marry them with the permission of their masters and give them their dues… (Surah An Nisa: 25)

In this verse the word “taul” means power, capability and means. The meaning of the above verse is that one who does not have the capability or means to marry free Muslim women can marry a Muslim women slave. The verse clearly indicates that one should marry, as far as possible a free woman, however if he does not have the means and capability to do so then he should marry a Muslim women slave. (Maariful Quran, Vol 2, P371)

In conclusion, as mentioned above according to scholars in the current time there are no slaves therefore one is unable to posses them. However if for instance they were available then one should only marry them if they do not have the capabilities to marry a free women.

Only Allah knows best.

Sayeedur Rahman

Darul Ifta, Birmingham