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mick silver
29th December 2015, 09:19 AM
Exclusive - Islamic State ruling aims to settle who can have sex with female slavesWASHINGTON | By Jonathan Landay, Warren Strobel (http://blogs.reuters.com/search/journalist.php?edition=us&n=warren.strobel&) and Phil Stewart (http://blogs.reuters.com/search/journalist.php?edition=us&n=phil.stewart&)




















http://s4.reutersmedia.net/resources/r/?m=02&d=20151229&t=2&i=1105546635&w=644&fh=&fw=&ll=&pl=&sq=&r=LYNXMPEBBS06W
Militant Islamist fighters hold the flag of Islamic State (IS) while taking part in a military parade along the streets of northern Raqqa province in this June 30, 2014 file photo.
Reuters/Stringer/Files



WASHINGTON Islamic State theologians have issued an extremely detailed ruling on when "owners" of women enslaved by the extremist group can have sex with them, in an apparent bid to curb what they called violations in the treatment of captured females.
The ruling or fatwa has the force of law and appears to go beyond the Islamic State's previous known utterances on the subject, a leading Islamic State scholar said. It sheds new light on how the group is trying to reinterpret centuries-old teachings to justify the sexual slavery of women in the swaths of Syria and Iraq it controls.
To read the fatwa click here: here (http://graphics.thomsonreuters.com/doc/slaves_fatwa.pdf)
The fatwa was among a huge trove of documents captured by U.S. Special Operations Forces during a raid targeting a top Islamic State official in Syria in May. Reuters has reviewed some of the documents, which have not been previously published.
Among the religious rulings are bans on a father and son having sex with the same female slave; and the owner of a mother and daughter having sex with both. Joint owners of a female captive are similarly enjoined from intercourse because she is viewed as "part of a joint ownership."
The United Nations and human rights groups have accused the Islamic State of the systematic abduction and rape of thousands of women and girls as young as 12, especially members of the Yazidi minority in northern Iraq. Many have been given to fighters as a reward or sold as sex slaves.
Far from trying to conceal the practice, Islamic State has boasted about it and established a department of "war spoils" to manage slavery. Reuters reported on the existence of the department on Monday.
In an April report, Human Rights Watch interviewed 20 female escapees who recounted how Islamic State fighters separated young women and girls from men and boys and older women. They were moved "in an organized and methodical fashion to various places in Iraq and Syria." They were then sold or given as gifts and repeatedly raped or subjected to sexual violence.
Related Coverage

› Exclusive: Seized documents reveal Islamic State's Department of "War Spoils" (http://www.reuters.com/article/usa-islamic-state-documents-group-idUSKBN0UB0BI20151228?mod=related&channelName=indiaTopNews)


DOS AND DON'TS
Fatwa No. 64, dated Jan. 29, 2015, and issued by Islamic State's Committee of Research and Fatwas, appears to codify sexual relations between IS fighters and their female captives for the first time, going further than a pamphlet issued by the group in 2014 on how to treat slaves.
The fatwa starts with a question: "Some of the brothers have committed violations in the matter of the treatment of the female slaves. These violations are not permitted by Sharia law because these rules have not been dealt with in ages. Are there any warnings pertaining to this matter?"
It then lists 15 injunctions, which in some instances go into explicit detail. For example:
"If the owner of a female captive, who has a daughter suitable for intercourse, has sexual relations with the latter, he is not permitted to have intercourse with her mother and she is permanently off limits to him. Should he have intercourse with her mother then he is not permitted to have intercourse with her daughter and she is to be off limits to him."
Islamic State's sexual exploitation of female captives has been well documented, but a leading IS expert at Princeton University, Cole Bunzel, who has reviewed many of the group's writings, said the fatwa went beyond what has previously been published by the militants on how to treat female slaves.
"It reveals the actual concerns of IS slave owners," he said in an email.
Still, he cautioned that not "everything dealt with in the fatwa is indicative of a relevant violation. It doesn't mean father and son were necessarily sharing a girl. They're at least being 'warned' not to. But I bet some of these violations were being committed."
The fatwa also instructs owners of female slaves to "show compassion towards her, be kind to her, not humiliate her, and not assign her work she is unable to perform." An owner should also not sell her to an individual whom he knows will mistreat her.
Professor Abdel Fattah Alawari, dean of Islamic Theology at Al-Azhar University, a 1,000-year-old Egyptian center for Islamic learning, said Islamic State "has nothing to do with Islam" and was deliberately misreading centuries-old verses and sayings that were originally designed to end, rather than encourage, slavery.
"Islam preaches freedom to slaves, not slavery. Slavery was the status quo when Islam came around," he said. "Judaism, Christianity, Greek, Roman, and Persian civilizations all practiced it and took the females of their enemies as sex slaves. So Islam found this abhorrent practice and worked to gradually remove it.”
In September 2014 more than 120 Islamic scholars from around the world issued an open letter to IS leader Abu Bakr al-Baghdadi refuting the group's religious arguments to justify many of its actions. The scholars noted that the "reintroduction of slavery is forbidden in Islam."
(Additional reporting by Ahmed Aboulenein in Cairo and William Maclean (http://blogs.reuters.com/search/journalist.php?edition=us&n=william.maclean&) in Dubai, editing by Ross Colvin)

mick silver
29th December 2015, 09:24 AM
Isis sex slave manual reveals Daesh's sordid rules on how to rape female captives

https://s.yimg.com/ny/api/res/1.2/XEvZczCvtv9PfJIM8GcCTQ--/YXBwaWQ9aGlnaGxhbmRlcjtzbT0xO3c9ODQ7aD04NDtpbD1wbG FuZQ--/http://l.yimg.com/os/publish-images/news/2013-11-01/45c119ee-d4f3-4992-860f-078d4245e6a1_ibt_small.jpg (http://www.ibtimes.co.uk/)

Callum Paton

International Business Times (http://www.ibtimes.co.uk/)

29 December 2015







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Members of the YazidiA fatwa on the keeping of sex slaves, issued by Islamic State (IS), has detailed the grim truth for women captives living under the militant's regime in Iraq and Syria.


"It is not permissible for the owner of a female captive to have intercourse with her until she has had her menstrual cycle and becomes clean".
- Islamic State fatwa
The document, obtained by the United States government (http://www.ibtimes.co.uk/us-troops-syria-kill-isis-commander-abu-sayyaf-1501645), was written by Daesh's scholars apparently to regulate what are referred to as "violations" by fighters. However, the fatwa remains a disturbing manual detailing how and when fighters should have sex with prisoners and the rules for their ownership.
Throughout the ruling, a codified justification for rape, forced sex is referred to as "intercourse" or euphemistically as "sexual relations". The victims of the practice are referred to as female captives.
The document explains that fighters should not have sex with women while they are pregnant or attempt to cause abortions. It also stipulates a whole raft of rules on how family members should avoid having sex with the same women and how fighters should avoid having sex with women from the same family.
"The owner of two sisters is not allowed to have intercourse with both of them; rather he may only have intercourse with just one," one part of the document gives as an example.
https://s.yimg.com/ny/api/res/1.2/s5dYDIhHYA10DyBCZNUj.Q--/YXBwaWQ9aGlnaGxhbmRlcjtzbT0xO3c9NjQwO2g9Mzk0/http://media.zenfs.com/en-GB/homerun/video.ibtimes.com/8f4cabb8fb218b7a490e09c5896eaba4<img alt="Yazidi refugee women" class="StretchedBox W(100%) H(100%) ie-7_H(a)" src="https://s.yimg.com/ny/api/res/1.2/s5dYDIhHYA10DyBCZNUj.Q--/YXBwaWQ9aGlnaGxhbmRlcjtzbT0xO3c9NjQwO2g9Mzk0/http://media.zenfs.com/en-GB/homerun/video.ibtimes.com/8f4cabb8fb218b7a490e09c5896eaba4"/>

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Yazidi refugee womenMany of the rules contradict each other and the document often rambles. Showing the writers' preoccupation with the menstrual cycle, the fatwa declares as its first rule: "It is not permissible for the owner of a female captive to have intercourse with her until she has had her menstrual cycle and becomes clean".
In case the issue needed clarification, a later ruling declares: "It is not permissible to have intercourse with a female captive during her menstrual cycle".
The IS fatwa also outlines the rules of ownership of the captured women. It states: "If two or more individuals are involved in purchasing a female captive, none of them are permitted to have intercourse with her because she is part of a joint ownership".
The fatwa, which was recovered by US Special Forces (http://www.ibtimes.co.uk/isis-syria-us-special-forces-under-orders-take-out-leadership-says-ex-obama-advisor-1531703) and reproduced by Reuters, was obtained from a raid on the home of Abu Sayyaf, IS's chief financial officer in Syria. Abu Sayyaf and his wife were believed to be at the heart of the trade of sex slaves in Iraq and Syria. A Yazidi woman was discovered during the raid.
Material discovered on hard drives at their home has proven invaluable to the coalition fighting IS and detailing the inner workings of the Jihadi group. Further information (http://www.ibtimes.co.uk/isis-seized-documents-point-daesh-department-war-spoils-1535163) uncovered has shown that the group has departments for the handling of war spoils and even directions for organ harvesting.
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mick silver
29th December 2015, 09:26 AM
fatwa ...... In recent years, the term “fatwā” has been widely used throughout the media, usually to indicate that a death sentence has been dealt to someone or some group of people. The limited use of this term has resulted in a limited understanding of its meaning. ISCA therefore offers the following statement to elucidate the true significance of the term “fatwā.”

Most importantly, a fatwā is not by definition a pronouncement of death or a declaration of war. A fatwā is an Islamic legal pronouncement, issued by an expert in religious law (mufti), pertaining to a specific issue, usually at the request of an individual or judge to resolve an issue where Islamic jurisprudence (fiqh), is unclear. Typically, such uncertainty arises as Muslim society works to address new issues – issues that develop as technology and society advance. “Can a Muslim be involved in cloning?” for instance.
We might compare a fatwā to the legal ruling of a high court or the Supreme Court, depending on the authority of the mufti behind it. However, a fatwā is not binding as is the verdict of the secular courts; while correct and applicable to all members of the Muslim faith, the fatwā is optional for the individual to respect or not.
A qaļā, on the other hand, is a legal ruling made by a judge (qādī) that, issued in a nation where Islamic law is observed, is binding on those to whom it is dealt. Usually issued to resolve a legal dispute, a qaļā may be based on a fatwā, yet it applies only to the individuals or groups named in the ruling and no one else. A ruler can impose a qaļā on his entire nation.
Although there is no central Islamic governing authority today – the last having been dismantled with the collapse of the Ottoman Empire, there are generally accepted standards for granting anyone the authority to issue a fatwā. This is an extremely rigorous standard requiring many years of training and study. The fatwā is not based upon the mufti’s own will and ideas, but rendered in accordance with fixed precedents from the sources of Islamic law.
In order to issue an authorized fatwā using his individual skills of reasoning, the mufti or scholar must meet the standards of ijtihād. This is the highest standard in issuing a juristic ruling. In general, this means he must be able to distinguish between the other scholars’ positions and their supporting evidence, and judge one stronger according to the strength or weakness of the evidence.
Imam Shāfi¿ī, founder of one of the four great schools of jurisprudence, said:
It is not allowed for anyone to give a Shari¿ah explanation (fatwā), except one who knows the Holy Qur’ān completely including what verses are abrogated and by which verses they were abrogated, and which verses resemble each other in the Qur’ān and whether a chapter was revealed in Makkah or Madina. He must know the entire corpus of the Hadith of the Prophet (s), both those which are authentic and those which are false. He must know the Arabic language of the time of the Prophet (s) with its grammar and eloquence as well as know the poetry of the Arabs. Additionally, he must know the culture of the various peoples who live in each different nation of the community. If a person has all such attributes combined in himself, he may speak on what is permitted (ħalāl) and what is forbidden (ħarām). Otherwise he has no right to issue a fatwā.
While in the distant past there were many scholars with the knowledge required to make independent legal conclusions, there are none of that caliber today. Someone who attained this level of qualification was known as the Imam of a school of law. Today, scholars build their reasoning on that of their predecessors, as in US case law. In practice, this limitation is not as restrictive as it sounds, for the inordinate amount of Islamic case law greatly facilitates such research, except in the most abstruse issues.
While not as rigorous as those required for independent legal reasoning, the qualifications for a scholar to issue a fatwā based on legal precedent are nonetheless extremely taxing. He must:


Know the verses of Qur’ān pertaining to the ruling at hand;
Know the reason behind the verses of Qur’ān related to the ruling – when each was revealed and why;
Distinguish the supportive and oppositional verses of the Qur’ān;
Know all the hadith pertaining to the ruling and the soundness of their chain of transmission;
Be familiar with the legal precedents of the issue before him, including the arguments or consensus reached by earlier scholars; and
Be well-versed in the syntax, grammar, pronunciation, idioms, special linguistic uses, customs and culture prevalent at the time of the Prophet (s) and succeeding two generations.

It often happens that different Islamic clerics issue contradictory, or competing, fatwās. This divergence of opinion is not considered an issue in Islam; in fact, a well-known saying states that such differences among scholars are God’s mercy, for they allow for different conditions and temperaments among people.
In nations that observe Islamic law, fatwās are debated before being issued publicly. They are affirmed only by consensus, which is determined by the supreme religious council of that nation. In such cases, fatwās are rarely contradictory, and carry the power of enforceable law. If two fatwās do contradict one another, the ruling bodies (which often combine civil and religious law) establish a compromise. This differs in the Shi¿a tradition, which demands that each individual Muslim choose one mufti (marja¿) to follow exclusively in all aspects of religious law.
In nations that do not recognize Islamic law, Muslims confronted with competing fatwās would follow the ruling of the scholar observing their same religious tradition. If two muftis of the same tradition issue conflicting fatwās, a Muslim may choose between them. In practice however, following a particular school is not strictly observed.
These are the requirements for a scholar or religious leader to issue a fatwā that is recognized under Islamic law. Having established this, we may now consider whether fatwās issued by militants, including the many we have read in the past five years, have any authority. Again, the worldwide media has repeatedly presented cases in which known Muslim militants use a fatwā to either declare war or announce another violent action.
However, unless he who makes the declaration is extremely well-educated and trained in Islamic jurisprudence according to the requirements mentioned above, he has no authority to issue a fatwā. The Prophet Muhammad (s) said, “Whoever gives fatwā without knowledge, the angels of the heaven and the earth curse him." Second, if he is so qualified, the fatwā remains non-binding, applying only to those choose to accept and wish to enforce it.
To issue a new fatwā as an unqualified and unauthorized individual is impermissible and forbidden in Islam. Of course to relate the rulings of qualified scholars is permitted, provided it is transmitted without changing the context or wording. The fatwās of unqualified individuals are considered “null and void,” according to ¿Umar, second caliph of the Prophet (s). http://islamicsupremecouncil.org/understanding-islam/legal-rulings/44-what-is-a-fatwa.html