Manumission of Slaves in Islamic Law
In Islamic law, or Sharia, the manumission of slaves is addressed with distinct forms and significant ethical implications. This was particularly relevant during the period when slavery was a widespread institution. Below, we explore the various forms of manumission, their etymology, and legal considerations.
Forms of Manumission
Islamic law provides for the manumission, or freeing, of slaves under several conditions and forms:
1. ʿAtāq (ʿAtq, Iʿtāq)
Etymology: The term ʿAtāq (Arabic: عتق) derives from the root verb meaning “to be free” or “power.”
Definition: This form refers to the immediate and unconditional release of a slave, initiated voluntarily by the owner.
Conditions: The individual freeing the slave must be free, sane, an adult, and the actual owner of the slave. The declaration may take various forms such as “Thou art free” or “Thou art muʿtaq,” and upon such declaration, the slave is instantly free regardless of the owner’s intent.
2. Kitābah
Etymology: Kitābah (Arabic: كتابة) means “a writing” or “document.”
Definition: This refers to a contract where a slave secures their freedom in exchange for a certain amount of money, as supported by Qurʾān, Sūrah 24:33.
Conditions: The process involves a written agreement, and the slave is known as a mukātab until the amount is fully paid. Although the mukātab enjoys a certain level of freedom during the payment period, restrictions remain on activities such as marriage, almsgiving, and pilgrimage without the master’s permission.
3. Tadbīr
Etymology: Tadbīr (Arabic: تدبير) means “arrangement” or “disposition.”
Definition: This refers to a declaration by the owner that the slave will be free upon the owner’s death.
Conditions: If the owner says, “Thou art free at my death,” the slave gains freedom upon the owner’s passing. Any children born to the slave in the interval are also affected by this promise of future manumission.
4. Istīlād
Etymology: Istīlād (Arabic: استيلاد) means “the offspring’s claim.”
Definition: When a slave woman bears a child to her master, and the master acknowledges the child as his own, this acknowledgment automatically grants the woman her freedom.
Conditions: The woman becomes known as ummu ʾl-walad (Arabic: أم الولد), or “mother of offspring,” and attains a status similar to that of a wife. The child born is considered free.
Additional Legal Context
Expiation (Kaffārah):
The manumission of slaves also serves as a form of expiation (Arabic: كَفَّارَة) for certain sins. For instance, breaking the fast of Ramadan can be expiated through the release of a slave or by feeding seven poor persons. Additionally, manumission is a penance for rash oaths and the rash form of divorce known as zihar.
Reference Texts
- “Raddu ʾl-Muḥtār”
- The Qurʾān, particularly Sūrah 24:33
Suggested Books for Further Studies
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“Slavery and Islam” by Jonathan A.C. Brown: An exploration of historical and religious perspectives on slavery in Islamic civilization.
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“Islamic Law and Society” by Yonatan Mendel and Ronald Shaham: A comprehensive investigation of the interaction between Islamic law and social practices, including slavery.
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“The Legacy of Arab-Islam in Africa: A Quest for Inter-religious Dialogue” by John Alembillah Azumah: Discusses the historical and cultural impacts of Islamic practices, including the manumission of slaves.
Takeaways and Conclusion
The practice of manumission in Islamic law demonstrates a structured approach to giving slaves their freedom, driven by various ethical, legal, and religious principles. Different methods such as ʿAtāq, Kitābah, Tadbīr, and Istīlād reflect a balance between immediate and conditional forms of manumission. Understanding these practices offers valuable insights into the humane elements embedded within Islamic law and its historical context.
In conclusion, the manumission of slaves in Islamic law not only served as a legal mechanism for freedom but also highlighted the societal and ethical goals of Islam regarding human dignity and welfare.
