O Son !

woman’s becoming a Muslim again will not rescue her from
slavery. If the husband catches his wife in the dâr-ul-harb, i.e. in a
non-Muslim country, he will regain his wife, according to pieces of
Islamic information called Zâhir. That is, she will be his jâriya. He
will not have to buy her. Islamic countries invaded by the hordes
of Dzengiz (or Jengiz) had become dâr-ul-harb. For a woman who
turned a renegade in the dâr-ul-harb to become her husband’s
property, there is no need –according to pieces of Islamic
information called nawâdir,– for giving a fatwâ. The women who
Hadrat ’Umar ‘radiy-Allâhu ta’âlâ ’anh’ and Abû Bakr bin Balkhî
‘rahimahullâhu ta’âlâ’ said were jâriyas according to narrations
called nawâdir because they had become murtadds, were not a
certain person’s property, i.e. jâriya, in the dâr-ul-islâm. They were
fey, who would become the property, jâriya, of anyone who bought
them from the Emîr or who demanded them gratis on account of
their rightful share from the Beyt-ul-mâl. However, a fatwâ based
on the narrations called nawâdir should be given only so that the
husband will not be separated from his wife who has become a
murtadd. A fatwâ in this category is not needed for other cases.
Narrations, (i.e. pieces of Islamic information,) are weak. Unless
there is strong necessity, a fatwâ based on them should not be
given. The fact that it is permissible to look at their (bare) arms
and hair since they have become jâriya in the dâr-ul-islâm
according to nawâdir narrations should by no means be exploited
as a reason for making them one’s property and having waty
(sexual intercourse) with them. Likewise, women working in a
brothel are without hurmat; yet they are not anyone’s property.
Waty with them will be fornication.
A man’s having a sexual intercourse with any woman other
than his own wife or jâriya, in any place of the world, is fornication,
which in turn is harâm and gravely sinful, regardless of being in the
dâr-ul-islâm or in the dâr-ul-harb. Although it is permissible to
look at the exposed arms and hair of someone else’s jâriya,
fornication with such women is harâm, too. Nowhere in today’s
world is there a woman who could be included in the definition of
a jâriya formulated by Islam. For that matter, with the exception
of mahram relatives, i.e. the eighteen women who are eternally
mahram, eternally harâm for a man to marry by way of nikâh, it is
harâm for him to look at any part of a woman’s body, except her
hands and face, even without any lust, and her being a Muslim or
a non-Muslim makes no difference. Also, it is harâm for women to
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