Muhammad and those of his Companions who could afford it themselves owned slaves, and some of them acquired more by conquest. However, the Islamic dispensation enormously improved the position of the Arabian slave through the reforms of a humanitarian tendency both at the time of Muhammad and the later early caliphs
The Qur'an considers emancipation of a slave to be a meritorious deed, or as a condition of repentance for certain sins. The Qur'an and Hadith contain numerous passages supporting this view. Muslim jurists considered slavery to be an exceptional circumstance, with the basic assumption of freedom until proven otherwise. Furthermore, as opposed to pre-Islamic slavery, enslavement was limited to two scenarios: capture in war, or birth to slave parents (birth to parents where one was free and the other not so would render the offspring free).
The marriage of slaves required the consent of the owner. Under the Hanafi and Shafai schools of jurisprudence male slaves could marry two wives, but the Maliki permitted them to marry four wives like the free men. According to the Islamic law, a male slave could marry a free woman but this was discouraged in practice. [14] Islam permits intimate relations between a male master and his female slave outside of marriage referred to in the Qur'an as ma malakat aymanukum or "what your right hands possess"[17][18]), although he may not co-habit with a female slave belonging to his wife.[2] Neither can he have relations with a female slave if she is co-owned, or already married. If the female slave has a child by her master, she then receives the title of "Umm Walad" (lit. Mother of a child), which is an improvement in her status as she can no longer be sold and is legally freed upon the death of her master. The child, by default, is born free due to the father (i.e. the master) being a free man. Although there is no limit on the number of concubines a master may possess, the general marital laws are to be observed, such as not having intimate relations with the sister of a female slave.[2] [16] The concubines, under the Islamic law, had an intermediate position between slave and free.[16] In Islam, "men are enjoined to marry free women in the first instance, but if they cannot afford the bridewealth for free women, they are told to marry slave women rather than engage in wrongful acts." [19] Another rationalization given for recognition of concubinage in Islam is that "it satisfied the sexual desire of the female slaves and thereby prevented the spread of immorality in the Muslim community." Concubinage was only allowed as a monogamous relation between the slave woman and her master [20], however, in reality in many Muslim societies, female slaves were prey for members of their owners' household, their neighbors, and their guests. [21]
In certain legal punishments, a slave would be entitled to half the penalty required upon a freeman. For example: where a free man would be subject to a hundred lashes due to pre-marital relations, a slave would be subject to only fifty. Other cases however, as with theft or apostasy, require the same punishment upon the slave as the free man, as long as the necessary conditions for such punishments are fulfilled
[edit] Mukatabat
Mukatabat is a right given to slaves the right to make contract with their masters according to which they would be required to pay a certain sum of money in a specific time period, or would carry out a specific service for their masters; once they would successfully fulfill either of these two options, they would stand liberated. [22] And slaves are called mukatab when buying their own freedom.[23] As stated in Qur'an:
The Qur'an, chapter 24 (An-Noor), verse 33: And if any of your slaves ask for Mukatabat, accept it give it to them if you know any good in them and [for this] give them out of the wealth which Allah has given to you.— translated by Unknown
This right of mukatabat was granted to slave-men and slave-women. Prior to this, various other directives were given at various stages to gradually reach this stage. These steps are summarized below:[22]
In the very beginning of its revelation, the Qur'an regarded emancipation of slaves as a great virtue.[24]
People were urged that until they free their slaves they should treat them with kindness.[25][26]
In cases of unintentional murder, Zihar(see footnote for definition) [27], and other similar offences, liberating a slave was regarded as their atonement and charity.[28]
It was directed to marry off slave-men and slave-women who were capable of marriage so that they could become equivalent in status, both morally and socially, to other members of society.[29]
If some person were to marry a slave-woman of someone, great care was exercised since this could result in a clash between ownership and conjugal rights. However, such people were told that if they did not have the means to marry free-women, they could marry, with the permission of their masters, slave-women who were Muslims and were also kept chaste. In such marriages, they must pay their dowers so that this could bring them gradually equal in status to free-women.[30]
In the heads of Zakat (Legal almsgiving, Islamic religious tax), a specific head (for freeing necks [emancipation of slaves]) was instituted so that the campaign of slave emancipation could receive impetus from the public treasury
The Qur’an, like the Old and the New Testaments, assumes the existence of slavery, Bernard Lewis states.[1] The Qur'an regulates the practice of the institution and thus implicitly accepts it. Lewis also notes that slavery was a feature of the ancient times and for example both the Old and New Testaments recognize and accept the institution of slavery. Lewis points out that the Islamic legislation "brought two major changes to ancient slavery which were to have far-reaching effects: "the presumption of freedom" and "the ban on the enslavement of free persons except in strictly defined circumstances". [1] Muslim jurists defined slavery as an exceptional condition, with the general rule being a presumption of freedom (al-'asl huwa 'l-hurriya — "The basic principle is liberty") for a person if his origins were unknown. Furthermore, lawful enslavement was restricted to two instances: capture in war (on the condition that the prisoner is not a Muslim), or birth in slavery. Islamic law did not recognize the two classes of slave from pre-Islamic Arabia
According to Robert Hughes (writing for Time Magazine), slavery in Africa has been dominated by Arabs. ""Slave markets, supplying the Arab emirates, were still operating in Djibouti in the 1950s; and since 1960, the slave trade has flourished in Mauritania and the Sudan. There are still reports of chattel slavery in northern Nigeria, Rwanda and Niger." [1]
And according to Dr. Kwaku Person-Lynn, "The saddest and most painful reality of this situation is, that same slave trading is occurring today, still in the name of Islam. It is primarily happening in the countries of Mauritania, located in northwest Afrika, and Sudan, in northeast Afrika." [2]
According to the U.S. State Department:
Saudi Arabia is a destination for men and women from South and East Asia and East Africa trafficked for the purpose of labor exploitation, and for children from Yemen, Afghanistan, and Africa trafficking for forced begging. Hundreds of thousands of low-skilled workers from India, Indonesia, the Philippines, Sri Lanka, Bangladesh, Ethiopia, Eritrea, Somalia, and Kenya migrate voluntarily to Saudi Arabia; some fall into conditions of involuntary servitude, suffering from physical and sexual abuse, non-payment or delayed payment of wages, the withholding of travel documents, restrictions on their freedom of movement and non-consensual contract alterations.
The Government of Saudi Arabia does not comply with the minimum standards for the elimination of trafficking and is not making significant efforts to do so.
[3]
According to multiple sources, religious calls have also been made to capture and enslave Jewish women. "It is hard to imagine a serious person calling for America to enslave its enemies. Yet a prominent Saudi cleric, Shaikh Saad Al-Buraik, recently urged Palestinians to do exactly that with Jews: "Their women are yours to take, legitimately. God made them yours. Why don't you enslave their women?"
The Qur'an, chapter 4 (An-Nisa), verse 92: And it does not behoove a believer to kill a believer except by mistake, and whoever kills a believer by mistake, he should free a believing slave, and blood-money should be paid to his people unless they remit it as alms; but if he be from a tribe hostile to you and he is a believer, the freeing of a believing slave (suffices), and if he is from a tribe between whom and you there is a covenant, the blood-money should be paid to his people along with the freeing of a believing slave; but he who cannot find (a slave) should fast for two months successively: a penance from Allah, and Allah is Knowing, Wise
The Qur'an, chapter 33 (Al-Ahzab), verse 50: Prophet, We have made lawful to you the wives to whom you have granted dowries and the slave girls whom God has given you as booty
The Qur'an, chapter 5 (Al-Ma'ida), verse 89: Allah does not call you to account for what is vain in your oaths, but He calls you to account for the making of deliberate oaths; so its expiation is the feeding of ten poor men out of the middling (food) you feed your families with, or their clothing, or the freeing of a neck (manumit a slave); but whosoever cannot find (means) then fasting for three days; this is the expiation of your oaths when you swear; and guard your oaths. Thus does Allah make clear to you His communications, that you may be Fateful
The Qur'an, chapter 23 (Al-Muminun), verse 5 to 6: And who guard their modesty - Save from their wives or the (slaves) that their right hands possess
The Qur'an, chapter 58 (Al-Mujadila), verse 3: And (as for) those who put away their wives by likening their backs to the backs of their mothers then would recall what they said, they should free a captive before they touch each other; to that you are admonished (to conform); and Allah is Aware of what you do
The Qur'an, chapter 2 (Al-Baqara), verse 177: It is not righteousness that you turn your faces towards the East and the West, but righteousness is this that one should believe in Allah and the last day and the angels and the Book and the prophets, and give away wealth out of love for Him to the near of kin and the orphans and the needy and the wayfarer and the beggars and for (the emancipation of) the captives, and keep up prayer and pay the poor-rate; and the performers of their promise when they make a promise, and the patient in distress and affliction and in time of conflicts-- these are they who are true (to themselves) and these are they who guard (against evil).— translated by Unknown
The Qur'an, chapter 90 (Al-Balad), verse 12 to 13: And what will make you comprehend what the uphill road is? (It is) the setting free of a slave ...— translated by Unknown
The Qur'an, chapter 9 (At-Tawba), verse 60: Alms are only for the poor and the needy, and the officials (appointed) over them, and those whose hearts are made to incline (to truth) and the (ransoming of) captives and those in debts and in the way of Allah and the wayfarer; an ordinance from Allah; and Allah is knowing, Wise.— translated by Unknown
The Qur'an, chapter 70 (Al-Maarij), verse 29 to 30: And those who preserve their chastity save with their wives and those whom their right hands possess, for thus they are not blameworthy.— translated by Unknown
2006-11-19 07:45:13
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answer #8
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answered by Anonymous
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