In Islamic family law concubinage

A slave is defined as a person who is not free, bought and sold like a commodity, dependent on a master, legally, economically and socially inferior status than the free ones. While the slave is used for both male and female slaves, the female slave is specifically expressed with the word 'concubine' (jāriya). The words abd, rakabe, ma meleket eyman, feteyat, eme, aniî, hâdim, ğulam, kınn, mamluk, odalık are also the other concepts used in the meaning of slave. Slavery is a situation that deprives a person of many aspects such as acquiring property, making any contract, taking a responsibility, marrying. It is known that the institution of slavery has existed in different forms throughout human history. When Islam came, slavery was an institution that existed. We thought that it would be useful to know the historical course of slavery and how it was practiced in some great civilizations and monotheistic religions in order to understand the provisions of Islam on slavery and concubine. Therefore, we examined the subjects such as the practice of slavery, the legal status of slaves and the reasons for slavery in civilizations such as Egypt, Rome, China, India, and Greece, and discussed the approach of Islam on these issues. After giving information about this subject, we examined the provisions on marriage and divorce of concubines in Islamic law. Afterwards, by examining the issue of istifrash in particular, we discussed the grounds and views of the fiqh sects and contemporary researchers on the issue of istifrash of female captives. In our study, we conducted research with the documentation method. We reached the conclusion by using inductive, deductive and comparative scientific research methods. Firstly we have benefited from the sources of the science of tafsir and hadith, and then from the data of the science of history, as it includes historical subjects. For this reason, we conducted an interdisciplinary study and research. As a result of our research, we have seen that every civilization has made certain arrangements for the institution of slavery. We have determined that personal and legal rights and remedial regulations were introduced for the slavery institution that existed even when Islam came. One of the issues regulated within the scope of these provisions and rights has been the legal position of concubines in family law. These arrangements, which existed in the Qur'an and the Sunnah, were later elaborated by Islamic jurists. Classical period Islamic scholars and some contemporary researchers who do not accept istifrash today tried to put forward their own views by declaring different opinions about the istifrash of women who were captured during the war.