Absconding of Slaves: Definition, Etymology, and Significance in Islamic Law
Definition
Absconding of Slaves refers to the act of a slave escaping from their master. In Arabic, this is termed Ibāq (اباق). An absconded male or female slave is called Ābiq (آبق), while an infant slave who leaves home is termed Ẓāll (ضال). This latter term Ẓāll is also applied to an adult slave who has strayed rather than absconded with intent.
Etymology
- Ibāq (اباق) - The root is derived from the Arabic verb “أبق” (to escape or flee).
- Ābiq (آبق) - Derived from the root “أ ب ق,” meaning one who absconds.
- Ẓāll (ضال) - From the root “ض ل ل,” meaning to stray or go astray.
Legal Context and Implications
In traditional Islamic jurisprudence, the apprehension of an absconded slave is considered a commendable deed. The individual who captures the fugitive is urged to present the slave before a magistrate. According to classical sources, notably Hamilton’s “Hidāyah” (vol. ii. p. 278), the captor is entitled to a reward, commonly quantified as forty dirhams.
Cultural and Historical Background
Slavery in Islamic culture has specific regulations that were framed within Sharia (Islamic law). The system seeks to maintain social order but also emphasizes humane treatment of slaves. The rules around the absconding of slaves reflect the value placed on legal ownership and the responsibilities of both slave and master within this system.
Modern Perspectives and Ethical Considerations
Contemporary Islamic scholars and human rights advocates widely regard the historical practices related to slavery as outdated and incompatible with modern ethical standards. Many Muslim-majority countries have abolished slavery and endorse international human rights conventions.
Further Reading
For those interested in a deeper understanding of this topic within the context of Islamic law and history, here are some recommended books:
- “Slavery and Islam” by Jonathan A.C. Brown
- “The Princeton Encyclopedia of Islamic Political Thought” edited by Gerhard Böwering
- “Slaves and Slave Agency in the Ottoman Empire” by Ehud R. Toledano
- “The Encyclopaedia of Islam: New Edition” edited by P. J. Bearman
Key Takeaways
- Ibāq signifies the act of a slave absconding, while Ābiq and Ẓāll describe the slave’s status.
- Capturing an absconding slave was seen as laudable, with legal and often monetary incentives.
- Historical Islamic law provided specific regulations regarding slavery, although modern perspectives greatly differ.
- Numerous scholarly works explore the complex history and ethical dimensions of slavery in Islam.
Conclusion
The concept of the Absconding of Slaves within Islamic law offers insight into how historical Muslim societies managed issues of ownership and social order. Understanding these terms and their legal implications helps us appreciate the evolution of legal and ethical standards in the Muslim world, especially as they pertain to human rights.
By examining these provisions through a historical lens, we gain a critical perspective on how modern Islamic thought continues to adapt and respond to contemporary ethical challenges.
