Why the Intellectual Heritage Must Be Reexamined: Marriage, “Right-Hand Possession,” and Temporary Marriage in Light of the Qur’an

Introduction

The Holy Qur’an clearly affirms that a relationship between a man and a woman is lawful only within formal marriage, and that any departure from this framework is a departure from the text. Yet the different inherited readings within the legal schools have created conceptions and rulings not intended by the Qur’an, with adverse effects on society, particularly concerning women’s rights and dignity.

“What Your Right Hands Possess”: Mukātaba and Contract, Not Enslavement through Capture

Although the expression “what your right hands possess” occurs fifteen times in the Qur’an in various contexts, a careful reading of these passages shows that its meaning does not concern enslavement through capture as understood in the conventional tradition. All these verses occur within the framework of regulating marriage, safeguarding rights, modest covering, and inheritance, and they often connect the expression with procedures of mukātaba or formal contract.

That is, those designated by this expression are persons whose relationship is regulated by a contract or agreement protected by specified rights, not permanent possessions outside the bounds of marriage. This textual understanding makes clear that the Qur’an did not permit any relationship outside a formal marriage contract, and that any interpretation linking the expression to enslavement through capture or to absolute ownership of women falls outside the Qur’anic text.

The Inherited Understanding

Among Sunnis

The juristic heritage expanded the interpretation of the expression to encompass what is known as enslavement through capture, treating it as permission to engage in relationships outside formal marriage. This expansion has no basis in the Qur’an, which connects the expression with a contract or mukātaba, with clear rights for both parties, and does not permit any permanent control over women.

Among Shiʿis

Some jurists adopted what is known as mutʿa marriage (temporary marriage) as a relationship outside the bounds of permanent marriage. Misyār marriage also emerged later: a formal contract in which certain fundamental rights, such as shared residence or ongoing maintenance, are curtailed. Some relied for justification on reports outside the text of the Qur’an, which do not alter its rulings; all these practices fall outside the scope of what the Qur’an permitted and are not mentioned in it.

The Effects of This Thought on Contemporary Reality

These readings have contributed to justifying the exploitation of women and the circumvention of formal marriage and women’s rights. Armed groups have used traditional concepts of “right-hand possession” to justify the capture and enslavement of women and abuses, in explicit departure from the Qur’anic text. Mutʿa and misyār marriage have also sometimes come to be exploited to evade legal and ethical obligations, while suggesting the existence of a religious basis, whereas the Qur’an requires a formal contract and reciprocal rights.

Armed Groups

They have used these juristic interpretations to justify capturing, enslaving, and selling women, relying on what they regarded as “right-hand possession”; the result is the destruction of the social fabric, the degradation of women, and the exploitation of religion to justify violence.

Contravening the Text

The Qur’an affirms that any relationship between a man and a woman must be within a formal marriage contract or mukātaba, with clear rights for both parties, and stresses chastity and dignity. Any practice outside this framework is therefore not Qur’anic text, but a later human interpretation.

The Necessity of Reexamining the Intellectual Heritage

Returning to the Qur’anic text: The Qur’an alone ties the relationship to formal marriage and protects women from any exploitation.

Correcting Ethical and Social Understanding: Reexamination helps eliminate readings that degrade women or permit their exploitation in the name of religion.

Preventing the Use of Religion as an Instrument of Violence: A critical reading of the intellectual heritage prevents texts from being interpreted in ways that serve political or military interests at the expense of human rights.

Conclusion

Formal marriage is the only framework for lawful relationships in the Qur’an; “what your right hands possess” refers to relationships within a contract or mukātaba, not to enslavement through capture or permanent ownership. Everything in the intellectual heritage concerning enslavement through capture or mutʿa marriage falls outside the Qur’anic text, and these juristic interpretations must be reexamined to correct understanding, protect women’s rights, and prevent the use of religion as an instrument of violence.