Mukātib (مكاتب)
Definition
Mukātib (مكاتب) refers to a slave who enters into a contract of manumission, known as Kitāba, with their owner, agreeing to pay a certain amount of money in installments or a lump sum for their freedom. This contract must be mutually agreed upon, and the owner grants permission for the slave to earn their own money to fulfill the terms of the agreement.
Etymology
The word Mukātib originates from the Arabic root ك-ت-ب (k-t-b), which primarily means “to write.” The term Mukātib is derived from the verb Kātaba (كاتب), which means “to write a contract” or “to correspond.” In this context, it signifies the written agreement or contract between the slave and the owner regarding manumission.
Arabic: مكاتب
Turkish: Mukatep
Historical and Theological Context
In the early Islamic period, the institution of slavery was a prevalent socio-economic structure. However, Islam introduced measures to improve the conditions of slaves and encouraged their emancipation. Among these measures, Kitāba stood out as a significant avenue for slaves to secure their freedom.
Qur’anic Reference
The concept of Mukātib is mentioned in the Qur’an in Surah An-Nur (24:33):
<p>“And those who seek a contract [for eventual emancipation] from among those whom your right hands possess—then make a contract with them if you know there is within them goodness and give them from the wealth of Allah which He has given you.”</p>
Legal Implications
The practice of Kitāba is extensively discussed in Islamic jurisprudence (Fiqh). Scholars agree that it provides a legally binding framework for the emancipation of slaves, ensuring that both the rights of the slave and the master are preserved. Payments made by the Mukātib could potentially come from external sources, including donations and charitable contributions.
Sociocultural Impact
The institution of Mukātib had a profound impact on the societies in which it was practiced. It not only provided a structured path for slaves to gain freedom but also emphasized the moral and ethical responsibility towards the emancipation of slaves. The widespread practice of Kitāba contributed to social mobility and integration within the broader Islamic community.
Recommended Reading
For deeper insights into the concept of Mukātib and its implications in Islamic law and society, consider the following books:
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“Slavery and Islam” by Jonathan A.C. Brown
This comprehensive volume explores the historical and legal aspects of slavery in the Islamic world, including the institution of Kitāba. -
“Arabic Reading Lessons: Consisting of Easy Extracts from the Best Authors” by N. Davis
This book offers translations and explanations of classical texts that touch on various facets of Islamic law, including aspects related to slavery and manumission. -
“The Feqh of Islamic Economics: Sharia Economics, Institutions and Models” by Hamed Taherdoost
Discusses various legal and economic models within Islamic law, including contracts like Kitāba.
Takeaways and Conclusion
The concept of Mukātib (مكاتب) highlights a unique and compassionate effort within Islamic jurisprudence to allow slaves to gain freedom through mutually binding contracts. This practice not only underscores the importance of mercy and justice in Islam but also reflects the ethical framework designed to uplift and integrate individuals into society.
The Islamic emphasis on emanicupation and Kitāba shows the progressive nature of Islamic law in addressing issues related to human dignity and justice.
