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Slavery in Islamic Law: Difference between revisions
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A number of hadiths relate anecdotes about Umar (the second caliph) and his son Ibn Umar, who was likewise a companion of the prophet, in relation to slave women and slave markets. Umar reportedly struck a slave woman for wearing a jilbab over her head because this was only to be worn by free believing women. Ibn Umar is reported to have routinely touched the breasts and buttocks of slave girls in the market when he wished to buy them. Imam Malik (d. 795 CE) reportedly complained of the slave-women of Medina going about with uncovered breasts. See [[Qur'an, Hadith and Scholars:Slavery]] for the relevant hadith reports which have been graded sahih by various scholars. | A number of hadiths relate anecdotes about Umar (the second caliph) and his son Ibn Umar, who was likewise a companion of the prophet, in relation to slave women and slave markets. Umar reportedly struck a slave woman for wearing a jilbab over her head because this was only to be worn by free believing women. Ibn Umar is reported to have routinely touched the breasts and buttocks of slave girls in the market when he wished to buy them. Imam Malik (d. 795 CE) reportedly complained of the slave-women of Medina going about with uncovered breasts. See [[Qur'an, Hadith and Scholars:Slavery]] for the relevant hadith reports which have been graded sahih by various scholars. | ||
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 | 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> | ||
In Islamic law, the 'awrah of a woman are the areas of her body which must be covered in the presence of non-mahrams (men other than close relatives). Jurists did not require slave-women to be covered like free Muslim women based on their interpretation of {{Quran|33|59}}, allowing a slave's hair, arms and part of her legs to be uncovered. Many even considered a slave woman's 'awrah to be only from her navel to her knees. Khaled Abou El Fadl covers the detailed opinions in his book, ''Speaking in God's Name: Islamic Law, Authority and Women''.<ref>Khaled Abou el Fadl, ''Speaking in God's Name: Islamic Law, Authority and Women'', 2001, pp. 525-526 and endnotes 123-129</ref> Oliver Leaman and Kecia Ali summarise the situation: "Khaled Abou El Fadl points out that jurists disagreed as to whether enslaved women's breasts constituted ''awrah'' and had to be covered in public."<ref>Oliver Leaman and Kecia Ali, ''Islam: The Key Concepts", 2010, London: Routledge, p. 14</ref> | In Islamic law, the 'awrah of a woman are the areas of her body which must be covered in the presence of non-mahrams (men other than close relatives). Jurists did not require slave-women to be covered like free Muslim women based on their interpretation of {{Quran|33|59}}, allowing a slave's hair, arms and part of her legs to be uncovered. Many even considered a slave woman's 'awrah to be only from her navel to her knees. Khaled Abou El Fadl covers the detailed opinions in his book, ''Speaking in God's Name: Islamic Law, Authority and Women''.<ref>Khaled Abou el Fadl, ''Speaking in God's Name: Islamic Law, Authority and Women'', 2001, pp. 525-526 and endnotes 123-129</ref> Oliver Leaman and Kecia Ali summarise the situation: "Khaled Abou El Fadl points out that jurists disagreed as to whether enslaved women's breasts constituted ''awrah'' and had to be covered in public."<ref>Oliver Leaman and Kecia Ali, ''Islam: The Key Concepts", 2010, London: Routledge, p. 14</ref> | ||