Mick Hartley

On a jihadi forum, the question is asked: "Is it permissible for mujahideen in jihad fronts to kidnap the infidels' women and hold them as their captives?…. How much time must one wait before having sexual intercourse with her, regarding both one who is a virgin and one who is not?" 

Sheikh Abu Humam Al-Athari, a member of the forum's shari'a council, issues his ruling and explains why, yes, raping kidnapped infidel women is just fine: (via):

Al-Athari notes that "there are too many proofs of the permissibility of taking the infidels' women captive to enumerate here, but we can divide them into two categories: 'general proofs' and 'concrete proofs.'" He explains that the "general proofs" are those which clarify that it is forbidden to violate the honor of Muslim women, but that this does not hold true regarding the infidel women, except in cases where they are assured protection. Al-Athari claims that the permissibility is absolute and anchored in the principles of the shari'a. Therefore, he says, it does not necessitate proof, and it falls rather on those who forbid taking infidel women captive to prove the legitimacy their claims.

In his discussion of "concrete proofs," Al-Athari quotes Al-Qurtubi, who says: "Most scholars, including Malik [ibn Anas], Al-Shafi'i, Abu Hanifa, and others, thought that taking [infidel women] captive removes the protection [they previously enjoyed], and permits whoever is holding them to have sexual intercourse with them." Al-Athari also quotes another scholar whose interpretation of Al-Qurtubi's ruling says that the latter uses the word "protection" to refer to married women, who are forbidden to men other than their husbands. That is, when these women are taken captive, their marriage contracts with their infidel husbands become void, and they become permissible to their captors. Al-Athari adds that the amount of time a captor must wait until having sexual intercourse with a captive infidel woman depends on her condition: if she is pregnant, he must wait until after she gives birth; if she is menstruating, he must wait until after her period is over; and if she is young and has not yet begun menstruating, he must wait a month from her capture.