The Practice of Slavery in Islamic Law and Tradition
The regulation and practice of slavery within Islamic jurisprudence is a subject that has generated much scholarly discussion. The primary Islamic texts, including the Qur’an and Hadith, along with classical jurisprudential manuals, contain explicit references to the treatment, sale, and emancipation of slaves. Below, we delve into the historical context and religious rulings surrounding this contentious issue.
Etymology and Translations
- Arabic: الرق (al-riqq)
- Turkish: kölelik
Qur’anic References and Islamic Jurisprudence
Qur’anic Sanction and Guidelines
The Qur’an implicitly acknowledges the existence of slavery and provides certain guidelines for the just treatment of slaves. For instance, the Qur’an encourages the kind treatment of slaves and also considers the emancipation of slaves a praiseworthy deed (Qur’an 24:33, 90:12-13).
Hadith and The Sunna of the Prophet
Ṣaḥīḥ Muslim and other Hadith collections like Mishkāt al-Maṣābīḥ include accounts of the Prophet Muhammad’s interactions with and rulings on slaves. One notable Hadith from Ṣaḥīḥ Muslim (Kitābu ʾl-Buyūʿ) illustrates the Prophet’s approach to the distribution of slaves upon the death of their owner.
- Example Hadith from Ṣaḥīḥ Muslim: “ʿImrān ibn al-Ḥusain said a man freed six slaves at his death, and he had no other property besides; the Prophet divided them into three sections, cast lots, and ordered that two be freed, retaining four in slavery.”
Classical Jurisprudential Manuals
Islamic jurisprudential texts such as Raddu ʾl-Muḥtār and Hidāyah include elaborate discussions on the legal transactions involving slaves. These texts illustrate how slaves were treated as assessable property that could be bought, sold, or bequeathed.
- Example from Raddu ʾl-Muḥtār (Hidāyah, Hamilton’s ed., vol. ii. p. 458): Descriptions in the law of sale categorize slaves alongside other commodities, reflecting their status within the economic and social frameworks of the time. Transactions, wills, and options often illustrate rules with reference to both animals and slaves alike.
Key Traditions and Historical Practice
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Emancipation Dynamics: Specific traditions highlight the conditional freedom of slaves, reflecting practical and ethical considerations.
- Hadith Example: “ʿImrān ibn al-Ḥusain narrates about a man freeing his six slaves at death, highlighting the Prophet’s decision to free only two.”
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Legal Restrictions and Changes: The Hadith narrates evolving practices, such as the prohibition against separating the mothers of children from their offspring, instituted by Caliph ʿUmar ibn al-Khattab.
- Hadith Example: “Jābir recounts practices during the time of the Prophet and Caliph Abū Bakr, contrasting with the changes Caliph ʿUmar implemented.”
Suggested Books for Further Studies
- “In the Path of Allah: The Passion of Al-Hajj `Umar” by John Ralph Willis
- “Slavery and Islam” by Jonathan A.C. Brown
- “Slavery in Islamic Africa 1400-1800” by Humphrey J. Fisher
Takeaways and Conclusion
The allowance and regulation of slavery in Islamic law reflect the historical and socioeconomic contexts of early Islamic societies. These practices, while endorsed in historical texts, are generally considered outdated under modern interpretations of Islamic humanitarian principles. Understanding the transitional nature of these practices through the lens of Qur’anic guidance, Hadith, and classical jurisprudence provides valuable insights into the ethical evolution within Islamic law.
In conclusion, while slavery was undeniably a part of early Islamic practice and law, modern Islamic scholarship largely condemns such practices, emphasizing the broader Qur’anic principles of justice and equality.
