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Does Islam sanction slavery?

Introduction

There are a number of issues that are raised by detractors and sincere questioners alike, among them being the institution of slavery, in particular sex slavery. In recent years, the emergence of ISIS and BOKO HARAM in Nigeria  ( whose leadership actually declared themselves loyal to ISIS), and their actions of kidnapping  girls and reportedly selling them on the open market has led to this particular question being asked once again raised in the world stage.

The answers that are typically given are either incorrect, over-simplified, or simply misrepresented, without depth both theologically and historically.

This is understandable when we consider that as a term, slavery has been universally outlawed and not practiced on the world stage for a long time, as well as a natural aversion to images of oppression that comes from the areas where these activities are taking place.

ISIS themselves presented a long document defending their taking Yazidi and Shiite  girls as slaves, replete with references to Islamic texts. As if this was not bad enough, in more recent times migrants from a number of African countries, seeking to work in Europe, have been captured in war-torn Libya by groups who have been filmed beating, torturing, extorting for ransom and actually selling as slaves has rightly caused an outrage.

With these realities in mind, let us look at the Islamic texts and history.


Slavery as a social institution during Prophet Muhammad's time

It is undeniable that for a good portion of human history, slavery in some forms has existed. It did exist in Arabia in the time of Prophet Muhammad, peace be upon him.  Slavery, in much of the world's history, would happen in a number of ways, such as  (1) Enemies captured during conflict. (2) Debts. (3) As punishment for certain crimes.

It is also to be noted that the Quranic revelation acknowledged the presence of this institute, and sought to deal with it in a number of ways.

Righteousness is not that you turn your faces toward the east or the west, but [true] righteousness is [in] one who believes in Allah, the Last Day, the angels, the Book, and the prophets and gives wealth, in spite of love for it, to relatives, orphans, the needy, the traveler, those who ask [for help], and for freeing slaves; [and who] establishes prayer and gives zakah; [those who] fulfill their promise when they promise; and [those who] are patient in poverty and hardship and during battle. Those are the ones who have been true, and it is those who are the righteous.(Q 2:177, Saheeh International translation).

There are other verses which has a similar message of freeing of Slaves as an expiation for certain incorrect actions(Ft.1), but in the above verse we see the emancipation of slaves as a demonstration of virtue. Thus, the Prophet (Sall Allahu 'alayhi wa sallam) and the early Muslims were known to purchase slaves from their owners in order to free them.

In the Prophet's final address, he says "feed and clothe them (your slaves) as you feed and clothe yourselves".



The words of the above ahadeeth, if practiced, actually put an end to slavery practically.

We do not claim that this actually happened on a massive scale after the Prophet's death. Indeed, it is our view that many of the Islamic principles enshrined in the Qur'an and Prophetic tradition were in fact never fully crystallized(2), nonetheless the point is that throughout the Qur'an itself, we find that it preaches a religion that seeks to remove harm and oppression, and it is this reason that it had such wide appeal(3). 

Slavery in Muslim history

As an institution, slavery was not eliminated, and would occur largely in the ways described in the introduction, in particular through the process of war and debt. Yet, this institution did not prevent social advancement. Slaves actually became the rulers in places such as Egypt and India.

One narration attributed to the Prophet states "If a maimed slave is appointed leader, and he conducts your affairs according to the Book of Allah, obey him.( Saheeh Muslim, 20:4533).

Slavery in Muslim jurisprudence (Fiqh)

There are a number of rules associated with slavery. Indeed, the discussions are extremely lengthy, and often uses examples that are related to owning and regulating slaves.

Slaves could negotiate their way to freedom by agreeing upon a contract, in which after payment, he was freed. A woman who gives birth to the child of the master( known as Umm Al Walad)  is automatically freed, even hitting a slave could win the latter's freedom, according to some authorities.

Slaves themselves, according to the jurists, had almost the same rights as the free. One rather pointed 
example is that of marriage. Maliki jurisprudence allows for a slave to have four wives, whereas other madhaahib allowed only two.

This sort of debate shows us that the lives of slaves in Muslim control was nothing like the chattel slavery of the Western hemisphere, to which we are so accustomed to knowing about.


Sex slavery

It is our view that this aspect is the most misunderstood aspect of this topic, in part because of the presence of the Arabic term in the Qur'an known as  Milk-ul-Yameen, which is typically translated into English  as "right hand possessed" or even "handmaid". Even among Muslims whose first language is Arabic, this term is understood to reference a woman captured and sold to a buyer.

It is sometimes said that the Prophet himself had a harem (Arabic "Hareem"), filled with captured women, to serve him at his whims. The Prophet, upon whom be peace and blessings, certainly had wives, but he lived in an extremely humble manner, so much so that the Qur'an itself mentions his wives complaining about this, and they are given a choice to divorce the Prophet or to stay with him in such a living situation ( Q 33: 28-29).

Linguistically, Milk Ul Yameen {Malakat Aymaanakum often in the Quranic phraseology} refers to those whose maintenance and livelihood are largely dependent upon one person. Perhaps a person who does not have family support, because of being a foreigner in a strange land, or financial hardships, or other reasons. Such a person in such a situation needs a solution to their problems.

The Qur'an uses the term in both intimate and non intimate contexts. It appears in the context of working in a household ( 24:58 and 33:55- the latter speaking of malakat aymaanahunna, for women) .

It seems to be a sort of relationship that is not socially seen as the same level as that of a wife, yet treated as an equal relationship in the Qur'an itself ( 4:3, 24, 25 23:6, and other places).

So, it should be seen that Milk Ul Yameen is not a slave, at least not as conceptualized according to the Qur'an, but rather a relationship that is similar to the marriage relationship.

Islam does not teach or allow rape, murder, kidnapping, exploitation and mistreatment of others. Indeed, even if one were to concede that Milk ul yameen meant a slave, the Qur'an itself says Milkulyameen is to be treated well ( Q 4:36) . One other text even says that female and male slaves alike should be sought out as marriage partners if they are found to have righteous character ( 24:32).

If people indeed transgress bounds and commit crimes against other human beings, they will be accountable before Allah for that.

Islam is a faith that has a very realistic approach to life and the issues one encounters therein. It is nice to give charity occasionally to an orphan or a widow, but the best solution is the long-term or permanent solution. Solutions are not only financial, but they also are found within emotional, physical, and family support. The Quranic term Milk Ul Yameen is one of those solutions, but in no way should it be mistaken for slavery.


Endnotes
[1] Freeing of slaves as an expiation for certain wrong acts are found in many places in the Qur'an, such as 5:89, 24:33, 58:3 and 90:13. With regards to Q 2:177, I think another application for the term "liberation of one in bondage"(Fir Riqaab) is funding an education.

[2] One important example is that of Shuraa, or consultation as necessary for governing. The Qur'an (42:38) has this as next to religious rituals, yet while we have understood the ritual of Salaah and spending in charity, yet, unfortunately, much of our history has been filled with dictators, some of whom even saw themselves as "God's shadow on Earth".

[3] Slaves counted as among the earliest followers of the Prophet, but more importantly is that the Islamic message of worship of God and brotherhood of man, as well as universal justice. The Qur'an  even says that it is necessary to stand for justice, even if it runs counter to family ( 4:135)







This post first appeared on Shamsuddin Waheed, please read the originial post: here

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Does Islam sanction slavery?

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