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Jihad Al-Nikah

Jihad Al-Nikah (Arabic: جهاد النكاح‌, often translated as Sex jihad or Sexual jihad) is a controversial concept that refers to Sunni women allegedly offering themselves in sexual comfort roles to fighters for the establishment of Islamic rule.[1]

Allegations of this practise is related to the Tunisian government's war effort against Al Qaida linked Islamic terrorism in the mountainous Jebel ech Chambi region bordering Algeria. The Tunisian coalition government alleges that the practise began with Tunisian girls sympathetic to the Islamic jihad movement there, and then spread with Tunisian girls volunteering comfort to Syrian jihadis. [2]

Publicity first arose in 2013, and the veracity of the alleged practice became the subject of greater debate in September 2013 after the Interior Minister of Tunisia made a public statement as a significant issue.[3][4]
1- Reports and allegations
2- Adultery, sexual slavery, and marriage in Islam
3- References

1- Reports and allegations

The concept originated in a fatwa titled Jihad ul Nikaah and attributed to Saudi Wahhabi cleric Sheikh Mohamad al-Arefe around 2013, that called for Sunni women supporters to come forward for sex jihad and boost the mujaheddin fighting the Bashar al Assad regime in Syria.[5]

The Tunisian allegation is that this practice is based on the concept that "the Law of Necessity allows forbidden things in exceptional circumstances."[citation needed]

Sources close to Sheikh Mohammad al-Arefe denied issuing the fatwa.[6] Sheikh al-Arefe himself has denied allegations that he issued such a fatwa, dismissing it on his Twitter account as a "fabrication."[7]

On the basis of the fatwa, it was reported in Tunisian media that young Tunisian Sunni Muslim girls traveled to Syria to comfort jihadis. At least thirteen Tunisian girls were reported to have traveled to the rebel-held north Syria for sex jihad.[6] Interviews of worried parents were published in the Internet. One girl, who was interviewed by Egyptian news agency Masrawy, regretted her action when she realized that she was exploited.[citation needed]

In July 2013, on a Facebook page claiming to be connected to the Muslim Brotherhood, a commentator allegedly promoted "sexual jihad". The page has been deemed a "hoax," and a senior Muslim Brotherhood supported called the page a "smear campaign".[8]

On September 19, 2013, Lofti bin Jeddou, the Interior Minister of Tunisia stated in the National Constituent Assembly that Sunni Tunisian women traveling to Syria for sex jihad were having sex with 20, 30 and even up to 100 rebels, and that some of the women had returned home pregnant.[9]

On October 6, 2013, a Tunisian official downplayed this prior claim, saying at most 15 Tunisian women traveled to Syria, though some were forced to have sex with several Islamist militants.[10]

On October 7, 2013 the German magazine Der Spiegel reported that "sex jihad" to Syria was "an elaborate disinformation campaign by the Assad regime to distract international attention from its own crimes."[11]

The Tunisian Jihadist Abu Qusay who was interviewed by Tunisian TV after his return from Syria confirmed that stories about "Jihad al-Nikah" or what is also referred to as "sexual Jihad" is not just a rumor but is real, as he himself had experienced it firsthand. He also confirmed the nationalities of the girls who travel to Syria to partake in this kind of Jihad.[12]

According to some media outlets, after this supposed fatwa ISIS fighters allegedly told families to "hand over [their] daughters for sex". Despite Sheikh Mohamad al-Arefe's denial, the Daily Mirror reported that "leaflets in the captured cities of Mosul and Tikrit claim the women—virgins or not—must join jihad (...) and cleanse themselves by sleeping with militants. Those that refuse to do so are violating God’s will, it is claimed, and will be beaten or killed. ISIS fighters have been taking women captive in Syria since last year [2013] when a Saudi-based cleric issued a fatwa (...) telling them to."[13][14] It has also been suggested that Sunni women from Australia, the United Kingdom and Malaysia have voluntarily joined ISIS as comfort women.[15]
Adultery, sexual slavery, and marriage in Islam

2- Jihad Al-Nikah is apparently related to the following concepts in Islam:

Zina (Adultery), forming sexual relations with persons one is not legally married to;
Nikah Misyar ("traveler's marriage") is a Sunni nikah (marriage contract) carried out via the normal contractual procedure, with the specificity that the husband and wife give up several rights by their own free will, such as living together, equal division of nights between wives in cases of polygyny, the wife's rights to housing, and maintenance money ("nafaqa"), and the husband's right of homekeeping, and access etc.
Nikah 'urfi is a Sunni nikah (marriage contract) that is not registered with state authorities. The relationship is often kept secret from family members and women often become pregnant but are unable to prove they are married or get a divorce.

Adultery or Prostitution is strictly prohibited in Islam and it is listed among major sins condemned in the Quran, 17:32 which states, "Do not go near to adultery. Surely it is a shameful deed and evil, opening roads (to other evils)."[16]

Moreover Quran 7:33 says:

"Say, 'Verily, my Lord has prohibited the shameful deeds, be it open or secret, sins and trespasses against the truth and reason."[17]

Adultery, that is a married person having sex with anybody except a spouse or a female slave (not to be confused with fornication), is strictly prohibited for Muslims and such sin commands punishment such as 100 lashes or stoning to death.[18] There is a distinct difference between spouses and Ma malakat aymanukum ("those whom one's right hands possess"). During war normal prohibitions may be lifted and sex is allowed with captives.[19][20]

Also, according to the precept of Iddah, after divorce a woman is not allowed to marry any other man for a three-months.

3- References
1- Noah Rayman (20 September 2013). "Tunisian Women Go on ‘Sex Jihad’ to Syria, Minister Says". Time. Retrieved 21 September 2013.
2- BBC (26 October 2013). "Tunisia's 'sexual jihad' - extremist fatwa or propaganda?". BBC. Retrieved 26 October 2013.
3- Salama, Vivian (25 September 2013). Are Arab Women Flocking To Syria For 'Sex Jihad'?, The Daily Beast
4- Sex Jihad raging in Syria, claims minister. The Daily Telegraph. 20 September 2013. Retrieved 28 September 2013.
5- (23 May 2013). شيخ سعودي يدعو العراقيات إلى جهاد.... المناكحة, Al Chourouk (Tunisia) (Arabic)
6- Jay, Martin (4 April 2013). "Tunisian girls 'head to Syria to offer themselves to Islamic fighters as part of sexual jihad'". Daily Mail (London). Retrieved 5 September 2013.
7- "العريفي: فتوى "جهاد النكاح" في سوريا افتراء ولا تصدر عن عاقل | العالم العربي | أنباء موسكو" (in Arabic). Anbamoscow.com. 2012-12-14. Retrieved 2013-09-27.
8- Sridharan, Vasudevan (13 July 2013). "Egypt: Is 'Sexual Jihad' Claim Part of Anti-Morsi Black Propaganda Campaign?". International Business Times. Retrieved 5 September 2013.
9- Nelson, Sara C (20 September 2013). "Sexual Jihad Sees Tunisian Women Return From Syria Pregnant By Rebels, Says Minister". The Huffington Post. Retrieved 20 September 2013.
10- "Official: few Tunisian women waging Syria 'sex jihad'". Al Arabiya. 6 October 2013. Retrieved 2013-10-08.
11- Christoph Reuter (2013-10-07). "'Sex Jihad' and Other Lies: Assad's Elaborate Disinformation Campaign". Der Spiegel.
12- Eretz Zen (March 16, 2014). "Tunisian Jihadist Confirms that Sexual Jihad in Syria is True from Firsthand Experience". YouTube. Retrieved 2014-07-23 – via Tunisian TV.
13- "ISIS Issues Orders in Mosul: Give Over Girls for 'Sex Jihad'". The Clarion Project. 2014-06-29. Retrieved 2014-07-23.
14- White, Stephen (Jun 22, 2014). "ISIS fighters tells families "hand over your daughters for sex" after orders from cleric's fatwa". Daily Mirror. Retrieved 23 July 2014.
15- Lee Shi-Ian (2014-08-27). "Malaysian women join Middle East jihadists as ‘comfort women’, reveals intelligence report - The Malaysian Insider". The Malaysian Insider. Retrieved 2014-08-28.
16- "017.032". usc.edu. 2 September 2013. Retrieved 30 September 2013.
17- "007.033". usc.edu. 2 September 2013. Retrieved 30 September 2013.
18- "Punishment for Adultery in Islam". usc.edu. 2 September 2013. Retrieved 30 September 2013.
19- Sikainga, Ahmad A. (1996). Slaves Into Workers: Emancipation and Labor in Colonial Sudan. University of Texas Press. p. 22. ISBN 0-292-77694-2.
20-Bloom, Jonathan; Blair, Sheila (2002). Islam: A Thousand Years of Faith and Power. Yale University Press. p. 48. ISBN 0-300-09422-1.

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