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Slavery in Islamic Law: Difference between revisions
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Joseph Schacht, who was Professor of Arabic and Islam at Columbia University, wrote in his classic textbook, ''An Introduction to Islamic Law'', "Slavery can originate only through birth or through captivity, i.e. if a non-Muslim who is protected neither by treaty nor by a safe-conduct falls into the hands of the Muslims." He adds, "The children of a female slave follow the status of their mother, except that the child of the concubine, whom the owner has recognized as his own, is free with all the rights of children from marriage with a free woman; this rule has had the most profound effect on the development of Islamic Society."<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> His last comment alludes to occasions when the children Muslim rulers had with their concubines subsequently obtained power. | Joseph Schacht, who was Professor of Arabic and Islam at Columbia University, wrote in his classic textbook, ''An Introduction to Islamic Law'', "Slavery can originate only through birth or through captivity, i.e. if a non-Muslim who is protected neither by treaty nor by a safe-conduct falls into the hands of the Muslims." He adds, "The children of a female slave follow the status of their mother, except that the child of the concubine, whom the owner has recognized as his own, is free with all the rights of children from marriage with a free woman; this rule has had the most profound effect on the development of Islamic Society."<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> His last comment alludes to occasions when the children Muslim rulers had with their concubines subsequently obtained power. | ||
Similarly, Professor Kecia Ali writes in her book ''Marriage and slavery in Early Islam'', on the case of a married female slave, "Her master had fewer rights over her than he would have had over an unmarried female slave; in particular, he lost the right of sexual access, though he would own any children born as a result of her marriage. (if she were his own concubine, her children would be free and legitimate; they would not be his property."<ref>Kecia Ali, "Marriage and Slavery in Early Islam", Massachussets: Harvard University Press, 2010, p. 67</ref> A concubine | Similarly, Professor Kecia Ali writes in her book ''Marriage and slavery in Early Islam'', on the case of a married female slave, "Her master had fewer rights over her than he would have had over an unmarried female slave; in particular, he lost the right of sexual access, though he would own any children born as a result of her marriage. (if she were his own concubine, her children would be free and legitimate; they would not be his property."<ref>Kecia Ali, "Marriage and Slavery in Early Islam", Massachussets: Harvard University Press, 2010, p. 67</ref> A concubine who bore her owner a child would herself attain the status known as Umm Walad (mother of the child), becoming automatically free upon her owner's death and forbidden to be sold, though he could grant her freedom or marry her off to another man without her consent.<ref>Joseph Schacht, ''Introduction to Islamic Law'', p. 129</ref> An owner would also have to free his slave if he wished to marry her.<ref>W. G. Clarence-Smith, ''Islam and the Abolition of Slavery'', p. 22</ref> | ||
====Other sources of slaves in practice==== | ====Other sources of slaves in practice==== | ||