Islam And Slavery

In Islamic Law , the topic of Islam and slavery is covered at great length. The Qur'an , the holy book, and the '' Hadith '', the sayings of Muhammed, consider Manumission of a slave to be a meritorious deed, and see slavery as an exceptional circumstance - a condition that can be entered into only under certain limited circumstances.Brunschvig. 'Abd; Encyclopedia of Islam For a variety of reasons, internal growth of the slave population was not enough to fulfill the demand in Muslim society. This resulted in massive importation, which involved enormous suffering and loss of life from the capture and transportation of slaves from non-Muslim lands.Lewis 1990, page 10 In theory, slavery in Islamic law does not have a racial or color component, although this has not always been the case in practice.Bernard Lewis, ''Race and Color in Islam,'' Harper and Row, 1970, quote on page 38. The brackets are displayed by Lewis. The Arab Slave Trade was most active in West Asia , North Africa and East Africa . and by the end of the 19th century such activity had reached a low ebb. In the early 20th century (post World War I ) slavery was gradually outlawed and suppressed in Muslim Lands , largely due to pressure exerted by Western nations such as Britain and France . However, slavery claiming the sanction of Islam is documented presently in the African republics of Chad , Mauritania , Niger , Mali and Sudan .Segal, page 206. See later in article.Segal, page 222. See later in article.http://www.africaspeaks.com/articles/070699.html SLAVERY IN PRE-ISLAMIC ARABIA Slavery was widely practiced in Pre-Islamic Arabia , as well as in the rest of ancient and Early Medieval world. The majority of slaves within Arabia were of Ethiopia n origin, through whose sale merchants grew rich. The minority were white slaves of foreign race, likely brought in by Arab caravaneers (or the product of Bedouin captures) stretching back to biblical times. Native Arab slaves had also existed, a prime example being Zayd Ibn Harithah , later to become Muhammad's adopted son. Arab slaves, however, usually obtained as captives, were generally ransomed off amongst nomad tribes. The slave population was added to by the custom of Child Abandonment (see also Infanticide ), the Kidnap ping, or, occasionally, the sale of small children.Lewis (1992) p. 4 There is no conclusive evidence of the existence of enslavement for debt or the sale of children by their families; the late and rare accounts of such occurrences show them to be abnormal, Bruschvig states (According to Brockopp, the debt slavery was persistent.) Free persons were also able to sell their offspring, or even themselves, into slavery. Enslavement was also possible as a consequence of committing certain offenses against the law, as in the Roman Empire .Lewis (1992) p. 4 Two classes of slave were apparent: A purchased slave, and a slave born in the master's home. Over the latter, the master had complete rights of ownership, though these slaves were unlikely to be sold or disposed of by the master. Female slaves were at times forced into Prostitution for the benefit of their masters in accordance with Near Eastern customs.Mendelsohn (1949) pp. 54—58 John L Esposito (1998) p. 79 The historical accounts of the early years of Islam report that "slaves of non-Muslim masters ... suffered brutal punishments. Sumayya Bint Khubbat is famous as the first martyr of Islam, having been killed with a spear by Abū Jahl when she refused to give up her faith. Likewise, Bilal was freed by Abu Bakr when his master, Umayya ibn Khalaf, placed a heavy rock on his chest to force his conversion." SLAVERY IN THE QUR'AN The Qur'an accepts the institution of slavery. It may be noted that the word 'abd' (slave) is rarely used, being more commonly replaced by some periphrasis such as '' Ma Malakat Aymanukum '' ("that which your right hands own"). The Qur'an recognizes the basic inequality between master and slave and the rights of the former over the latter. The historian Bruschvig states that from an spiritual perspective, "the slave has the same value as the free man, and the same eternity is in store for his soul; in this earthly life, failing emancipation, there remains the fact of his inferior status, to which he must piously resign himself." (, ) The Qur'an also recognizes concubinage.(, , , ) A master may make his female slave as his concubine and, if she is a Muslim, he can marry her. Abstinence however is said to be a better choice. The Qur'an urges, without commanding, kindness to the slave(, , ) and recommends, their liberation by purchase or manumission. The freeing of slaves is recommended both for the expiation of sins(, , ) and as an act of simple benevolence.(, , ) It exhorts masters to allow slaves to earn or purchase their own freedom ( Manumission Contracts )." Lewis 1990, page 6. All Qur'anic citations are his. Slaves are mentioned in at least twenty-nine verses of the Qur'an, most of these are Medinan and refer to the Legal Status of slaves. The legal material on slavery in the Qur'an is largely restricted to manumission and Sexual Relations . According to Sikainga, the Qur'anic references to slavery as mainly contain "broad and general propositions of an ethical nature rather than specific legal formulations."Sikainga (2005), p.5-6 The Quran accepts the distinction between slave and free as part of the natural order and uses this distinction as an example of God's grace, regarding this discrimination between human beings as in accordance with the divinely-established order of things.EoI "The Qur'an, however, does not consider slaves to be mere chattel; their humanity is directly addressed in references to their beliefs,(, ) their desire for manumission and their feelings about being forced into prostitution.() In one case, the Qur'an refers to master and slave with the same word, ''rajul''. Later interpreters presume slaves to be spiritual equals of free Muslims. For example, urges believers to marry 'believing maids that your right hands own' and then states: "The one of you is as the other," which the Jalaalayn interpret as "You and they are equal in faith, so do not refrain from marrying them." The human aspect of slaves is further reinforced by reference to them as members of the private household, sometimes along with wives or children. Pious exhortations from jurists to free men to address their slaves by such euphemistic terms as "my boy" and "my girl" stemmed from the belief that God, not their masters, was responsible for the slave's status.Marmon in Marmon (1999), page 2 There are many common features between the institution of slavery in the Qur'an and that of neighboring cultures. However, the Qur'anic institution had some unique new features. , ''Slaves and Slavery'' ISLAMIC JURISPRUDENCE Traditional Islamic jurisprudence Principles In Islamic jurisprudence, slavery was 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 or her origins were unknown, though enslavement was sanctioned by God as punishment for unbelief.Shaun E. Marmon, ed. ''Slavery in the Islamic Middle East,'' Markus Wiener Publishers, Princeton (1999), page vii. 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 classes of slave from Pre-Islamic Arabia including those sold or given into slavery by themselves and others, and those indebted into slavery. Though a free Muslim could not be enslaved, Conversion To Islam by a non-Muslim slave did not require that he or she then should be liberated. Slave status was not affected by conversion to Islam.Lewis 1990, page 9. Treatment In the instance of illness it would be required for the slave to be looked after. (even the Christianized form of slavery was still harsh in its treatment of slaves). In spite of this, Lewis also states, "Islamic practice still represented a vast improvement on that inherited from antiquity, from Rome, and from Byzantium." Murray Gordon writes: "It was not surprising that Muhammed, who accepted the existing sociopolitical order, looked upon slavery as part of the natural order of things. His approach to what was already an age-old institution was reformist and not revolutionary. The Prophet had not in mind to bring about the abolition of slavery. Rather, his purpose was to improve the conditions of slaves by correcting abuses and appealing to the conscience of his followers to treat them humanely."Gordon 1987, page 19. The adoption of slaves as members of the family was common, according to Levy. If a slave was born and brought and brought up in the master's household he was never sold, except in exceptional circumstances. Legal status Within Islamic Jurisprudence , slaves were excluded from religious office and from any office involving jurisdiction over others.Lewis 1990, page 7 Freed slaves are able to occupy any office within the Islamic Government , and instances of this in history include the Mamluk who ruled Egypt for almost 260 years and the Eunuch s who have held military and administrative positions of note.Schimmel (1992) p. 67 With the permission of their owners they are able to marry.Esposito (2002) p.148 Annemarie Schimmel , a contemporary scholar on Islamic Civilization , asserts that because the status of slaves under Islam could only be obtained through either being a Prisoner Of War (this was soon restricted only to infidels captured in a Holy War ) Lewis 1994, Ch.1 or born from slave parents, slavery would be theoretically abolished with the expansion of Islam. Islam's reforms stipulating the conditions of enslavement seriously limited the supply of new slaves. In the early days of Islam, a plentiful supply of new slaves were brought due to rapid conquest and expansion. But as the frontiers were gradually stabilized, this supply dwindled to a mere trickle. The prisoners of later wars between Muslims and Christians were commonly ransomed or exchanged. According to Lewis, this reduction resulted in Arabs who wanted slaves having to look elsewhere to avoid the restrictions in the Qur'an, meaning an increase of importing of slaves from non-Muslim lands,Lewis (1990) p. 10 primarily from Africa. These slaves suffered a high death toll. Patrick Manning states that Islamic legislations against the abuse of the slaves convincingly limited the extent of enslavement in Arabian Peninsula and to a lesser degree for the whole area of the whole Umayyad Caliphate where slavery had existed since the most Ancient Times . He however notes that with the passage of time and the extension of Islam, Islam by recognizing and codifying the slavery seems to have done more to protect and expand slavery than the reverse. Manning (1990) p.28 In theory free-born Muslims could not be enslaved, and the only way that a non-Muslim could be enslaved was being captured in the course of holy war. Sikainga (1996) p.5 (In early Islam, neither a Muslim nor a Christian or Jew could be enslaved. John Esposito (1998) p.40) Slavery was also perceived as a means of converting non-Muslims to Islam: A task of the masters was religious instruction. Conversion and assimilation into the society of the master didn't automatically lead to emancipation, though there was normally some guarantee of better treatment and was deemed a prerequisite for emancipation. Paul Lovejoy (2000) p.2 The majority of Sunni authorities approved the Manumission of all the " People Of The Book ". According to some jurists -especially among the Shi’a - only Muslim slaves should be liberated.Lewis(1990) 106 In practice, traditional propagators of Islam In Africa often revealed a cautious attitude towards proselytizing because of its effect in reducing the potential reservoir of slaves.Murray Gordon, “Slavery in the Arab World .” New Amsterdam Press, New York, 1989. Originally published in French by Editions Robert Laffont, S.A. Paris, 1987, page 28. =Rights and restrictions "Morally as well as physically the slave is regarded in law as an inferior being," Levy writes.Levy, p.78 Under Islamic law, a slave possesses a composite quality of being both a person and a possession. The slave is entitled to receive sustenance from the master, which includes shelter, food, clothing, and medical attention. It is a requirement for this sustenance to be of the same standard generally found in the locality and it is also recommended for the slave to have the same standard of food and clothing as the master. If the master refuses to provide the required sustenance, the slave may complain to a judge, who may then penalize the master through sale of her or his goods as necessary for the slave's keep. If the master does not have sufficient wealth to facilitate this, she or he must either sell, hire out, or manumit the slave as ordered. Slaves also have the right to a period of rest during the hottest parts of the day during the summer.Khalil b. Ishaq, quoted in Levy (1957) p. 77 Evidence from slaves is rarely viable in a court of law. As slaves are regarded as inferior in Islamic law, death at the hands of a free man does not require that the latter be killed in retaliation.Except according to Hanafis, who make a free man liable to retaliation in cases of murder) The killer must pay the slave's master compensation equivalent to the slave's value, as opposed to blood-money. At the same time, slaves themselves possess a lessened responsibility for their actions, and receive half the penalty required upon a free man. 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. Slaves are allowed to marry only with the owner's consent. Jurists differ over how many wives a slave may possess, with the Hanafi and Shafi'i schools allowing them two, and the Maliki school allowing four. Slaves are not permitted to possess or inherit property, or conduct independent business, and may conduct financial dealings only as a representative of the master. Offices of authority are generally not permitted for slaves, though a slave may act as a the leader ('' Imam '') in the congregational Prayers , and he may also act as a subordinate officer in the governmental department of revenue.Levy (1957) pp. 78-79 Masters may sell, bequeath, give away, pledge, hire out or compel them to earn money.Levy (1957) p. 77 By the view of some Madh'hab (but not others), a master may compel his/her slave(s) to marriage and determine the identity of their marriage partner(s)Khalil bin Ishaq, II, 4Sachau, p.173 The mahr that is given for marriage to a female slave is taken by her owner, whereas all other women possess it absolutely for themselvesLevy, p.114 Marriage and concubinage Slave women were required mainly as concubines and menials. A Muslim slaveholder was entitled by law to the sexual enjoyment of his slave women. While free women might own male slaves, they had no such right.Lewis 1990, page 14. The property of a slave was owned by his or her master unless a contract of freedom of the slave had been entered into, which allowed the slave to earn money to purchase his or her freedom and similarly to pay bride wealth. The marriage of slaves required the consent of the owner. Under the Hanafi and Shafi'i 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. Islam permits sexual relations between a male master and his female slave outside of marriage. This is referred to in the Qur'an as '' 4:24 There are some restrictions on the master; he may not co-habit with a female slave belonging to his wife,Brunschvig. 'Abd; Encyclopedia of Islam neither can he have relations with a female slave if she is co-owned, or already married, but Islam allowed the master to dissolve marriages among his slaves with or without the slaves' consent. In ancient Arabian custom, the child of a freeman by his slave was also a slave unless he was recognized and liberated by his father.Lewis 1990, page 24. In theory, the recognition by a master of his offspring by a slave woman was optional in Islamic society, and in the early period was often withheld. By the high Middle Ages it became normal and was unremarkable in a society where the sovereigns themselves were almost invariably the children of slave concubines.Lewis 1990, page 91. The mother 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. Among Sunnis, she is automatically freed upon her master's death, however for Shia, she is only freed if her child is still alive; her value is then deducted from this child's share of the inheritance. Lovejoy writes that as an ''umm walad'', they attained "an intermediate position between slave and free" pending their freedom, although they would sometimes be nominally freed as soon as they gave birth. There is no limit on the number of concubines a master may possess. However, the general marital laws are to be observed, such as not having sexual relations with the sister of a female slave. 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." Nashat (1999) p. 42 One rationale 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 ."Sikainga(1996), p.22 Most schools restrict concubinage to a monogamous relationship between the slave woman and her master, Bloom and Blair (2002) p.48 however, in reality in many Muslim societies, female slaves were prey for members of their owners' household, their neighbors, and their guests. Sikainga (1996) p.22 In Shia jurisprudence - for which a good source is Al-Hilli - a master of a female slave may grant a third party the use of her for sexual relations. Under the Legal Doctrine of ''kafa'a''(lit."efficiency"), the purpose of which was to ensure that a man should be at least the social equal of the woman he marries, a freedman is not as good as the son of a freedman, and he in turn not as good as the grandson of a freedman. This principle is pursued up to three generations, after which all Muslims are deemed equally free.Lewis 85–86 Lewis asserts that since kafa'a "does not forbid unequal marriages", it is in no sense a "Muslim equivalent of Nuremburg Laws of Nazi Germany or the apartheid laws of South Africa . His purpose, he states, is not to try to set up a moral competition - to compare castration and apartheid as offenses against humanity." John Joseph, Review of ''Race and Color in Islam'' by Bernard Lewis , International Journal Of Middle East Studies , Vol. 5, No. 3. (Jun., 1974), pp. 368-371. Manumission The Qur'an and the hadith, the primary Islamic texts, make it a praiseworthy act for masters to Set Their Slaves Free . There are numerous ways in which a slave may become free. One way is through expiation for certain sins committed by the master, such as involuntary Manslaughter or Perjury . Other ways include emancipation through becoming an ''umm walad'', who is freed upon her master's death along with her children, or an independent act of piety by the master, as recommended by the Qur'an. It is also commendable to manumit a slave who demands his freedom and is considered worthy of it. Another method is the '' Mukataba '' contract: Levy states that "the slave may redeem himself if his master agrees and contracts to let him go on payment of a stipulated sum of money, which may be paid in two or more instalments, or on the giving of stipulated services or other consideration. If the consideration is a sum of money, the master must grant the slave the right to earn and to own property."Levy pp. 80-81 If the master makes a declaration of the slave's freedom, whether in jest or earnest, in the presence of the slave or another, then such a declaration becomes legally binding. Similarly, the master may promise manumission (verbally or in writing) that the slave is to be freed upon the former's death. Lastly, a slave is also freed automatically if she or he comes into the possession of a master who is directly related to her or him. Gordon opines that the Quran in particular and Islamic jurisprudence in general have not placed a premium on manumission but held it out as one way for atonement of sin. He states that "Manumission was only one of several virtuous observances that the pious could avail themselves of and was by no means the most important,"Gordon 1987, page 40. noting that other options include reaffirming faith in God and giving food to the poor. He concludes that "there was no contradiction between being a devout Muslim and a slave-owing one as well."Gordon 1987, pages 42-43. Modern interpretations The abolition movement starting in 19th century in England and later in other Western countries influenced the slavery in Muslim lands both in doctrine and in practice. One of the first religious decrees comes from the two highest dignitaries of the Hanafi and Maliki rites in the Ottomon Empire. These religious authorities declared that slavery is lawful in principle but it is regrettable in its consequences. They expressed two religious considerations in their support for abolition of slavery: "the initial enslaving of the people concerned comes under suspicion of illegality by reason of the present-day expansion of Islam in their countries; masters no longer comply with the rules of good treatment which regulate their rights and shelter them from wrong-doing." According to Brunschvig, although the total abolition of slavery might seem a reprehensible innovation and contrary to the Qur'an and the practice of early Muslims, the realities of the modern world caused a "discernible evolution in the thought of many educated Muslims before the end of the 19th century." These Muslims argued that Islam on the whole has "bestowed an exceptionally favourable lot on the victims of slavery" and that the institution of slavery is linked to the particular economic and social stage in which Islam originated. According to the influential thesis of Ameer Ali, Islam only tolerated slavery through temporary necessity and that its complete abolition was not possible at the time of Muhammad. According to Brockopp, some modern interpreters have accused the medieval interpreters of having subverted the Qur'an's demand for manumission contracts (see Mukataba ). They have used the dramatic change in the institution of slavery in the seventh and eighth centuries to argue that the Qur'an would not have condoned the slaving practices common in Islamic history. Others have argued that the original intent of the Qur'an, when understood properly, was to abolish slavery altogether (cf. Arafat, ''Attitude''). The idea that Islam only tolerated slavery due to necessity has to some extent found its way into the circle of the Ulema . It has been unable to gain support among the Wahhabi s of Arabia who are the uncompromising restorers of the Example of Muhammad. HISTORY OF SLAVERY UNDER MUSLIM RULE Reasons for low natural increase in the internal slave population
	(From:	"http://wwwinformationdelightinfo/information/entry/National_Review" class="copylinks">National Review Date: 5/20/2002 Author: Miller, John J)

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Islam And Slavery