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Slavery in Islamic Law: Difference between revisions
→Ali rapes an underage ward of the state
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Among other things (see [[Qur'an, Hadith and Scholars:Muhammad and Booty]]), Booty included slaves who were originally free [[Kafir (Infidel)|non-Muslims]] who were captured in battle.<ref>{{Citation|url=http://etheses.whiterose.ac.uk/508/1/uk_bl_ethos_443314.pdf|title=The legal and social status of women in the Hadith literature (PDF)|author=Salma Saad|page=242|year=1990}}</ref><ref>{{Citation|url=https://books.google.com/books?id=6MC0DwAAQBAJ&pg=PA17|title=Islamic Jurisprudence on the Regulation of Armed Conflict: Text and Context|author=Nesrine Badawi (1 October 2019)|page=17|publisher=BRILL|ISBN=978-90-04-41062-6}}</ref> The entire population of a conquered territory can be enslaved, thus providing women who are otherwise rare on the battlefield. This paves the path for concubinage.<ref>{{Citation|url=https://archive.org/details/islamabolitionof0000clar|title=Islam and the Abolition of Slavery|page=27|publisher=Oxford University Press|ISBN=978-0-19-522151-0|author=William Gervase Clarence-Smith|year=2006}}</ref> The Muslim military commander is allowed to choose between unconditionally releasing, ransoming or enslaving war captives.<ref>{{Citation|url=https://books.google.com/books?id=l0SyDwAAQBAJ&pg=PA5|title=The Art of Jihad: Realism in Islamic Political Thought|author=Malik Mufti (1 October 2019)|publisher=SUNY Press|page=5|ISBN=978-1-4384-7638-4}}</ref> If a person converted to Islam after being enslaved, their emancipation would be considered a pious act but not obligatory.<ref>{{Citation|url=https://archive.org/details/islamabolitionof0000clar|title=Islam and the Abolition of Slavery|page=22|publisher=Oxford University Press|ISBN=978-0-19-522151-0|author=William Gervase Clarence-Smith|year=2006}}</ref> Islamic law does not allow enslavement of free-born Muslims.<ref>{{Citation|url=|title=Violence in Islamic Thought from the Qur'an to the Mongols|author=Robert Gleave (14 April 2015)|page=142|publisher=Edinburgh University Press|ISBN=978-0-7486-9424-2}}</ref> | Among other things (see [[Qur'an, Hadith and Scholars:Muhammad and Booty]]), Booty included slaves who were originally free [[Kafir (Infidel)|non-Muslims]] who were captured in battle.<ref>{{Citation|url=http://etheses.whiterose.ac.uk/508/1/uk_bl_ethos_443314.pdf|title=The legal and social status of women in the Hadith literature (PDF)|author=Salma Saad|page=242|year=1990}}</ref><ref>{{Citation|url=https://books.google.com/books?id=6MC0DwAAQBAJ&pg=PA17|title=Islamic Jurisprudence on the Regulation of Armed Conflict: Text and Context|author=Nesrine Badawi (1 October 2019)|page=17|publisher=BRILL|ISBN=978-90-04-41062-6}}</ref> The entire population of a conquered territory can be enslaved, thus providing women who are otherwise rare on the battlefield. This paves the path for concubinage.<ref>{{Citation|url=https://archive.org/details/islamabolitionof0000clar|title=Islam and the Abolition of Slavery|page=27|publisher=Oxford University Press|ISBN=978-0-19-522151-0|author=William Gervase Clarence-Smith|year=2006}}</ref> The Muslim military commander is allowed to choose between unconditionally releasing, ransoming or enslaving war captives.<ref>{{Citation|url=https://books.google.com/books?id=l0SyDwAAQBAJ&pg=PA5|title=The Art of Jihad: Realism in Islamic Political Thought|author=Malik Mufti (1 October 2019)|publisher=SUNY Press|page=5|ISBN=978-1-4384-7638-4}}</ref> If a person converted to Islam after being enslaved, their emancipation would be considered a pious act but not obligatory.<ref>{{Citation|url=https://archive.org/details/islamabolitionof0000clar|title=Islam and the Abolition of Slavery|page=22|publisher=Oxford University Press|ISBN=978-0-19-522151-0|author=William Gervase Clarence-Smith|year=2006}}</ref> Islamic law does not allow enslavement of free-born Muslims.<ref>{{Citation|url=|title=Violence in Islamic Thought from the Qur'an to the Mongols|author=Robert Gleave (14 April 2015)|page=142|publisher=Edinburgh University Press|ISBN=978-0-7486-9424-2}}</ref> | ||
=== Consent === | ===Consent=== | ||
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.<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> [[w:Sexual slavery in Islam|Read more here]]. | 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.<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> [[w:Sexual slavery in Islam|Read more here]]. | ||
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The Arabic of the Sunni hadith below mentions 'Ali taking a Ghusl bath (which is mandatory after sexual contact or ejaculation), implying sexual activity. Later, at a place called Ghadir Khumm, Muhammad tried to pacify those who were upset with 'Ali by declaring Ali to be his ''Mawla''. ''Mawla'' is an honorific meaning something between "follower", "ally", and "leader", which the Shia interpret to mean "successor of Muhammad". Thus, in some sense, Ali's having raped an underage captive becomes the immediate cause of what the Shi'a insist was the the announcement of Ali's succession. The emergent Sunni polemic here casts some doubt on the historical reliability of the hadith, yet, as a hadith included in Sahih Bukhari, it more than meets the Sunni requirements for authenticity. | The Arabic of the Sunni hadith below mentions 'Ali taking a Ghusl bath (which is mandatory after sexual contact or ejaculation), implying sexual activity. Later, at a place called Ghadir Khumm, Muhammad tried to pacify those who were upset with 'Ali by declaring Ali to be his ''Mawla''. ''Mawla'' is an honorific meaning something between "follower", "ally", and "leader", which the Shia interpret to mean "successor of Muhammad". Thus, in some sense, Ali's having raped an underage captive becomes the immediate cause of what the Shi'a insist was the the announcement of Ali's succession. The emergent Sunni polemic here casts some doubt on the historical reliability of the hadith, yet, as a hadith included in Sahih Bukhari, it more than meets the Sunni requirements for authenticity. | ||
{{Quote|{{Bukhari|5|59|637}}|Narrated Buraida:The Prophet (ﷺ) sent `Ali to Khalid to bring the Khumus (of the booty) and I hated `Ali, and '''`Ali had taken a bath (after a sexual act with a slave-girl from the Khumus)'''. I said to Khalid, "Don't you see this (i.e. `Ali)?" When we reached the Prophet (ﷺ) I mentioned that to him. He said, "O Buraida! Do you hate `Ali?" I said, "Yes." He said, "Do you hate him, for he deserves more than that from the Khumus."}}Ibn Hajar al-Asqalani (d. 1449), one of the most famous Hadith scholars of all time, points out in his seminal ''Fath al-Bari'' (the still-standard commentary on Sahih Bukhari) what several scholars before him noted: that in accounts of this event, Ali does not observe the required ''iddah'' (waiting) period to determine whether or not the girl was pregnant. Al-Asqalani quotes al-Khattabi who summarizes the possibilities: "she was either a virgin [strongly implying a young age in a culture where women married young], had not yet reached maturity, or Ali's ''[[ijtihad]]'' | {{Quote|{{Bukhari|5|59|637}}|Narrated Buraida:The Prophet (ﷺ) sent `Ali to Khalid to bring the Khumus (of the booty) and I hated `Ali, and '''`Ali had taken a bath (after a sexual act with a slave-girl from the Khumus)'''. I said to Khalid, "Don't you see this (i.e. `Ali)?" When we reached the Prophet (ﷺ) I mentioned that to him. He said, "O Buraida! Do you hate `Ali?" I said, "Yes." He said, "Do you hate him, for he deserves more than that from the Khumus."}}Ibn Hajar al-Asqalani (d. 1449), one of the most famous Hadith scholars of all time, points out in his seminal ''Fath al-Bari'' (the still-standard commentary on Sahih Bukhari) what several scholars before him noted: that in accounts of this event, Ali does not observe the required ''iddah'' (waiting) period to determine whether or not the girl was pregnant. Al-Asqalani quotes al-Khattabi who summarizes the possibilities: "she was either a virgin [strongly implying a young age in a culture where women married young], had not yet reached maturity, or Ali's ''[[ijtihad]]'' (''id est'', independent/innovative reasoning in Islamic jurisprudence) led him to not adhere to the waiting period in her case."<ref>{{Quote||لِاحْتِمَالِ أَنْ تَكُونَ عَذْرَاءَ أَوْ دُونَ الْبُلُوغِ أَوْ أَدَّاهُ اجْتِهَادُهُ أَنْ لَا اسْتِبْرَاءَ فِيهَا}} | ||
{{Citation|url=https://www.google.com/books/edition/%D9%81%D8%AA%D8%AD_%D8%A7%D9%84%D8%A8%D8%A7%D8%B1%D9%8A_%D8%AC_9_%D8%A7%D9%84%D9%85%D8%BA%D8%A7%D8%B2%D9%8A/YzZJCwAAQBAJ?hl=en&gbpv=1&bsq=%D9%84%D9%90%D8%A7%D8%AD%D9%92%D8%AA%D9%90%D9%85%D9%8E%D8%A7%D9%84%D9%90%20%D8%A3%D9%8E%D9%86%D9%92%20%D8%AA%D9%8E%D9%83%D9%8F%D9%88%D9%86%D9%8E%20%D8%B9%D9%8E%D8%B0%D9%92%D8%B1%D9%8E%D8%A7%D8%A1%D9%8E%20%D8%A3%D9%8E%D9%88%D9%92%20%D8%AF%D9%8F%D9%88%D9%86%D9%8E%20%D8%A7%D9%84%D9%92%D8%A8%D9%8F%D9%84%D9%8F%D9%88%D8%BA%D9%90%20%D8%A3%D9%8E%D9%88%D9%92%20%D8%A3%D9%8E%D8%AF%D9%91%D9%8E%D8%A7%D9%87%D9%8F%20%D8%A7%D8%AC%D9%92%D8%AA%D9%90%D9%87%D9%8E%D8%A7%D8%AF%D9%8F%D9%87%D9%8F%20%D8%A3%D9%8E%D9%86%D9%92%20%D9%84%D9%8E%D8%A7%20%D8%A7%D8%B3%D9%92%D8%AA%D9%90%D8%A8%D9%92%D8%B1%D9%8E%D8%A7%D8%A1%D9%8E%20%D9%81%D9%90%D9%8A%D9%87%D9%8E|title=Fath al-Bari|publisher=Dar Taybah|page=487|volume=9|author=Ibn Hajar al-Asqalani}}</ref> | {{Citation|url=https://www.google.com/books/edition/%D9%81%D8%AA%D8%AD_%D8%A7%D9%84%D8%A8%D8%A7%D8%B1%D9%8A_%D8%AC_9_%D8%A7%D9%84%D9%85%D8%BA%D8%A7%D8%B2%D9%8A/YzZJCwAAQBAJ?hl=en&gbpv=1&bsq=%D9%84%D9%90%D8%A7%D8%AD%D9%92%D8%AA%D9%90%D9%85%D9%8E%D8%A7%D9%84%D9%90%20%D8%A3%D9%8E%D9%86%D9%92%20%D8%AA%D9%8E%D9%83%D9%8F%D9%88%D9%86%D9%8E%20%D8%B9%D9%8E%D8%B0%D9%92%D8%B1%D9%8E%D8%A7%D8%A1%D9%8E%20%D8%A3%D9%8E%D9%88%D9%92%20%D8%AF%D9%8F%D9%88%D9%86%D9%8E%20%D8%A7%D9%84%D9%92%D8%A8%D9%8F%D9%84%D9%8F%D9%88%D8%BA%D9%90%20%D8%A3%D9%8E%D9%88%D9%92%20%D8%A3%D9%8E%D8%AF%D9%91%D9%8E%D8%A7%D9%87%D9%8F%20%D8%A7%D8%AC%D9%92%D8%AA%D9%90%D9%87%D9%8E%D8%A7%D8%AF%D9%8F%D9%87%D9%8F%20%D8%A3%D9%8E%D9%86%D9%92%20%D9%84%D9%8E%D8%A7%20%D8%A7%D8%B3%D9%92%D8%AA%D9%90%D8%A8%D9%92%D8%B1%D9%8E%D8%A7%D8%A1%D9%8E%20%D9%81%D9%90%D9%8A%D9%87%D9%8E|title=Fath al-Bari|publisher=Dar Taybah|page=487|volume=9|author=Ibn Hajar al-Asqalani}}</ref> | ||
==References== | ==References== | ||
{{reflist}} | {{reflist}} | ||