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Slavery in Islamic Law: Difference between revisions
Automated script replacing USC-MSA hadith numbering system for Bukhari, Muslim, and Abu Dawud
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==Manumission of slaves== | ==Manumission of slaves== | ||
{{Main|Qur'an, Hadith and Scholars:Slavery}} | {{Main|Qur'an, Hadith and Scholars:Slavery}} | ||
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| | 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||1668a|reference}} or {{Bukhari|||2592|darussalam}}). | ||
{{Quote|{{Quran|2|177}}|It is not righteousness that ye turn your faces to the East and the West; but righteous is he who believeth in Allah and the Last Day and the angels and the Scripture and the prophets; and giveth wealth, for love of Him, to kinsfolk and to orphans and the needy and the wayfarer and to those who ask, and to set slaves free; and observeth proper worship and payeth the poor-due. And those who keep their treaty when they make one, and the patient in tribulation and adversity and time of stress. Such are they who are sincere. Such are the Allah-fearing.}} | {{Quote|{{Quran|2|177}}|It is not righteousness that ye turn your faces to the East and the West; but righteous is he who believeth in Allah and the Last Day and the angels and the Scripture and the prophets; and giveth wealth, for love of Him, to kinsfolk and to orphans and the needy and the wayfarer and to those who ask, and to set slaves free; and observeth proper worship and payeth the poor-due. And those who keep their treaty when they make one, and the patient in tribulation and adversity and time of stress. Such are they who are sincere. Such are the Allah-fearing.}} | ||
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{{Quran|4|36}} lists those "whom your right hands possess" among the groups to whom kindness should be shown. | {{Quran|4|36}} lists those "whom your right hands possess" among the groups to whom kindness should be shown. | ||
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|| | 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||3954|darussalam}} and {{Ibn Majah||3|19|2517}}), is set free upon her owner's death, and their child is free from birth. | ||
{{Quran|4|25}} is a verse which recommends that a poor believer who cannot afford to marry a free woman should marry from among the believing slave women (who are owned by other believers, since "whom your right hands possess" switches to the plural). The verse tells them to first obtain permission from "her people" to marry her. If these women subsequently commit fornication, it says they should receive only half the punishment of free women. | {{Quran|4|25}} is a verse which recommends that a poor believer who cannot afford to marry a free woman should marry from among the believing slave women (who are owned by other believers, since "whom your right hands possess" switches to the plural). The verse tells them to first obtain permission from "her people" to marry her. If these women subsequently commit fornication, it says they should receive only half the punishment of free women. | ||
A number of rights are given to slaves by Muhammad in one hadith. {{Bukhari| | A number of rights are given to slaves by Muhammad in one hadith. {{Bukhari|||30|darussalam}} 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." | ||
==Manumission and other slave rights in wider late antiquity== | ==Manumission and other slave rights in wider late antiquity== | ||
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{{Quote|{{Quran|24|32}}|And marry the unmarried among you and the righteous among your male slaves and female slaves. If they should be poor, Allah will enrich them from His bounty, and Allah is all-Encompassing and Knowing.}} | {{Quote|{{Quran|24|32}}|And marry the unmarried among you and the righteous among your male slaves and female slaves. If they should be poor, Allah will enrich them from His bounty, and Allah is all-Encompassing and Knowing.}} | ||
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| | 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||1456a|reference}}). The mushrikun were those who associated partners with Allah (often translated as "pagans" or "polytheists"). | ||
{{Quote|{{Quran-range|4|22|24}}|And do not marry those [women] whom your fathers married, except what has already occurred. Indeed, it was an immorality and hateful [to Allah] and was evil as a way. Prohibited to you (For marriage) are:- Your mothers, daughters, sisters; father's sisters, Mother's sisters; brother's daughters, sister's daughters; foster-mothers (Who gave you suck), foster-sisters; your wives' mothers; your step-daughters under your guardianship, born of your wives to whom ye have gone in,- no prohibition if ye have not gone in;- (Those who have been) wives of your sons proceeding from your loins; and two sisters in wedlock at one and the same time, except for what is past; for Allah is Oft-forgiving, Most Merciful;-'''Also (prohibited are) women already married, except those whom your right hands possess''': Thus hath Allah ordained (Prohibitions) against you: Except for these, all others are lawful, provided ye seek (them in marriage) with gifts from your property,- desiring chastity, not lust, seeing that ye derive benefit from them, give them their dowers (at least) as prescribed; but if, after a dower is prescribed, agree Mutually (to vary it), there is no blame on you, and Allah is All-knowing, All-wise.}} | {{Quote|{{Quran-range|4|22|24}}|And do not marry those [women] whom your fathers married, except what has already occurred. Indeed, it was an immorality and hateful [to Allah] and was evil as a way. Prohibited to you (For marriage) are:- Your mothers, daughters, sisters; father's sisters, Mother's sisters; brother's daughters, sister's daughters; foster-mothers (Who gave you suck), foster-sisters; your wives' mothers; your step-daughters under your guardianship, born of your wives to whom ye have gone in,- no prohibition if ye have not gone in;- (Those who have been) wives of your sons proceeding from your loins; and two sisters in wedlock at one and the same time, except for what is past; for Allah is Oft-forgiving, Most Merciful;-'''Also (prohibited are) women already married, except those whom your right hands possess''': Thus hath Allah ordained (Prohibitions) against you: Except for these, all others are lawful, provided ye seek (them in marriage) with gifts from your property,- desiring chastity, not lust, seeing that ye derive benefit from them, give them their dowers (at least) as prescribed; but if, after a dower is prescribed, agree Mutually (to vary it), there is no blame on you, and Allah is All-knowing, All-wise.}} | ||
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In contrast to the male slave and the free female, sexual and marital self-determination was never available to an enslaved femle. Her master's right of possession granted him licit sexual access to her, and if he married her off that right passed to her husband.}} | In contrast to the male slave and the free female, sexual and marital self-determination was never available to an enslaved femle. Her master's right of possession granted him licit sexual access to her, and if he married her off that right passed to her husband.}} | ||
Although Muhammad's men seem to have had intercourse with captive mushrik women whom they had captured during the expedition to Awtas/Autas ({{Muslim| | Although Muhammad's men seem to have had intercourse with captive mushrik women whom they had captured during the expedition to Awtas/Autas ({{Muslim||1456a|reference}}), 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 Zoroastrian or mushrik: | Early scholars of fiqh devised a workaround for this restriction, including the allowance of raping younger captives who were Zoroastrian or mushrik: | ||