Slavery in Islamic Law: Difference between revisions

Slavery was a widespread institution in antiquity and a major topic of Islamic legal jurisprudence, which addressed matters of buying and selling slaves, rights of owners including sexual relations, marriage, and many other facets. The two legitimate sources of slaves agreed upon by the Ulama were captives taken in war, and children born to slaves (unless the slave-owner was the father), though in practice various other means of slave acquisition occurred. The Quran assumes the existence of slavery and grants sexual access to slave owners, including for the prophet himself to enjoy from among the war-captives in his possession, as well as control over their marital status. It commands taking captives from the defeated disbelievers, though also that they be ransomed or released until the war is over, and encourages owners to grant contracts by which virtuous slaves may purchase their freedom, a practice also found in other late antique cultures. Slavery was a major feature of the Islamic world for over a thousand years. Largely as a result of pressure from colonial powers as well as economic and demographic changes, slavery was eventually made illegal throughout the Muslim world in the 19th and 20th centuries (though as of the 2020s persists illegally in a few places such as Mauritania<ref>As of the early 2020s, human rights groups estimate that 20% of the population are still enslaved including children https://www.newarab.com/features/modern-day-child-slaves-mauritania<BR />Mauritania abolished slavery in 1981, but only criminalised slave ownership in 2007 and introduced punishment in 2015</ref>), and is now considered forbidden in the modern context by most scholars, though a minority argue that slavery remains Islamically legitimate.<ref>"Although the vast majority of contemporary Muslims agree that there is no place for slavery in the modern world, and some nineteenth and twentieth-century reformers such as Sir Sayyid Ahmad Khan opposed the practice, the pressure to abolish slavery generally came from some combination of European colonial powers and economic and demographic shifts [...] Although abolition did eventually occur, there was not a strong internally developed critique of slaveholding based in religious principles."<BR />Kecia Ali, Sexual Ethics and Islam, London: Oneworld Publications, 2006, pp. 42 ff.</ref>

While a number of times the Quran addresses its listeners who are already in possession of slaves, it has little to say regarding the acquisition of slaves. {{Quran|16|71}} states that it is by Allah's favour that slave owners have greater provision than their slaves. {{Quran|8|67}} and {{Quran|33|50}} grants the prophet the right to take captives and makes lawful his sexual intercourse with them, respectively. {{Quran|47|4}} tells the believers to take captives from the defeated disbelievers, but then adds that they be released or ransomed until the war lays down its burdens.

The Quran presents the freeing of slaves as a virtuous act ({{Quran|2|177}}, {{Quran-range|90|12|17}}) as well as an expiation for certain sins ({{Quran|4|92}}, {{Quran|5|89}}). Hadiths add that slaves should be freed if they are slapped in the face or beaten without good cause. On the other hand, hadiths narrate numerous occasions when Muhammad made use of slaves or refer to him having concubines. There are also hadiths narrating incidents when Muhammad disapproved of companions who freed their slaves (see for example {{Muslim|15|4112}} or {{Bukhari|3|47|765}}).

As mentioned above, a concubine who gives birth to her owner's child attains the status of Umm Walad (mother of the child). She can no longer be sold (due to a ruling by Caliph Umar according to {{Abu Dawud||3943|Hasan}} and {{Ibn Majah||3|19|2517}}), is set free upon her owner's death, and their child is free from birth.  

A number of rights are given to slaves by Muhammad in one hadith. {{Bukhari|1|2|29}} reports Muhammad stating that "Your slaves are your brothers and Allah has put them under your command. So whoever has a brother under his command should feed him of what he eats and dress him of what he wears. Do not ask them (slaves) to do things beyond their capacity (power) and if you do so, then help them."  

One verse allows believers to marry captives who already have husbands. Traditionally, this was revealed after a battle following which Muhammad's men were uncertain whether or not they could have sexual relations with the female captives who had mushrik husbands (see {{Muslim|8|3432}}).

In Islam, the consent of a slave girl for sex, for withdrawal before ejaculation ([[azl]]) or to marry her off to someone else was not considered necessary, historically, according to Professor Kecia Ali.<ref>{{Cite web|first=Kecia |last=Ali  | publication-date=January 20, 2017 |url=https://www.cambridge.org/core/journals/international-journal-of-middle-east-studies/article/concubinage-and-consent/F8E807073C33F403A91C1ACA0CFA47FD | title=Concubinage and Consent|publisher=Cambridge University Press|access-date=October 20, 2021}}</ref> Similarly, Joseph Schacht wrote in his textbook on Islamic law, "The marriage of the slave requires the permission of the owner; he can also give the slave in marriage against his or her will. [...] The unmarried female slave is at the disposal of her male owner as a concubine, but no similar provision applies between a male slave and his female owner."<ref>Joseph Schact, [https://archive.org/details/INTRODUCTIONISLAMICLAWSchacht/page/n133/mode/2up An Introduction to Islamic Law], Oxford University Press, 1982 (first published 1964), p. 127</ref> Early legal hadiths and jurist opinions include punishments for the rape of slave women, but these are explicitly referring to situations where someone other than the slave woman's owner forces her into intercourse, which is treated as a property crime for which compensation is due to the owner for the depreciation in her value (see [[Rape in Islamic Law]]).

Although Muhammad's men seem to have had intercourse with captive mushrik women whom they had captured during the expedition to Awtas/Autas ({{Muslim|8|3432}}), most jurists later ruled that this was later forbidden by {{Quran|2|221}} (the verse only forbids marriage to mushrik women, but scholars inferred that this also applied to intercourse with slaves). Intercourse with Muslim, Christian, or Jewish slaves was not affected by this restriction.<ref>{{Citation|url=https://www.islamweb.net/en/fatwa/272452/|archiveurl=https://web.archive.org/web/20201227215257/https://www.islamweb.net/en/fatwa/272452/|title=Ruling on sexual intercourse with one's polytheistic slave-woman|date=November 14, 2014|publisher=Islamweb.net}}</ref>

Early scholars of fiqh devised a workaround for this restriction, including the allowance of raping younger captives who were mushrik:

In his book ''Slavery & Islam'', Jonathan Brown writes, "Despite the objection of some Muslim scholars like Shayrazi (d. 1193-4), it seems to have been routine in Islamic civilization for buyers at slave markets to press on the buttocks and breasts of potential ''jariyas'' [slave girls]. Sometimes buyers even examined the genitals of male or' female slaves, though papyri of sale contracts from the 800s to 900s frequently include boiler-plate language suggesting they were not. Ultimately, slave women were sexually vulnerable and at the mercy of their masters."<ref>Jonathan Brown, ''Slavery & Islam'', Oneworld publications, 2019, p. 132</ref>

A number of myths about the historical facts of slavery under Islamic rule are commonly propogated in Islamic apologetics discourse as well as by some credulous Western academic authors. These tend to be misplaced theoretical assumptions based on rules for the treatment of slaves in Islamic texts, or because various travellers observed that slaves serving as domestic servants were generally loyal and treated well. Others point to the potential for slaves to advance to positions of military, political and even economic power. However, Azumah points out that unlike the Mamluks (a dynasty established by slave-generals which ruled Egypt and Syria from 1250-1517 CE), being a eunuch was "virtually the only route by which a black could attain high office’ of any kind within the Muslim world outside black Africa." Moreover, while most slaves in Muslim lands were destined to be domestic servants, many female slaves were used as concubines (especially but not only in harems), and significant percentages of slaves were put to work on plantations, as infantry, or were castrated to serve as eunuchs.<ref>John Alembillah Azumah, ''The Legacy of Arab-Islam in Africa'', p. 175</ref> Slaves put to work on plantations were treated with harshness and cruelty:

*[https://www.youtube.com/watch?v=rHm9F1G5IRE What does Islam say about slavery - Part I Theology] and [https://www.youtube.com/watch?v=BkMcUKRNssY Part II History] - Salsalah - Youtube.com