An analogy (qiyas) drawn from the sale of a free woman

Question

Question: Some people say that it is permissible to keep a purchased woman without nikah. If it is permissible, then a prostitute of the bazaar ought also to be permissible, because a man buys her too — for ten minutes.

Answer

When jihad is waged in the Islamic manner, and the women taken captive in it are brought in, and the Commander of the Faithful (amir al-muʾminin) distributes them among the warriors (ghazis), then they are slave-women in the Sharʿi sense; whoever they come into the ownership of in the Sharʿi way has the right to use her without nikah.

Source: Fatawa Mahmudiyya

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