Islamic views on slavery - Biblioteka.sk

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Islamic views on slavery
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Islamic views on slavery represent a complex and multifaceted body of Islamic thought,[1][2] with various Islamic groups or thinkers espousing views on the matter which have been radically different throughout history.[3] Slavery was a mainstay of life in pre-Islamic Arabia and surrounding lands.[1][4] The Quran and the hadith (sayings of Muhammad) address slavery extensively, assuming its existence as part of society but viewing it as an exceptional condition and restricting its scope.[4] Early Islamic dogma forbade enslavement of dhimmis, the free members of Islamic society, including non-Muslims and set out to regulate and improve the conditions of human bondage. Islamic law regarded as legal slaves only those non-Muslims who were imprisoned or bought beyond the borders of Islamic rule, or the sons and daughters of slaves already in captivity.[4] In later classical Islamic law, the topic of slavery is covered at great length.[3]

Slavery in Islamic law is not based on race or ethnicity. However, while there was no legal distinction between white European and black African slaves, in some Muslim societies they were employed in different roles.[5] Slaves in Islam were mostly assigned to the service sector, including as concubines, cooks, and porters.[6] There were also those who were trained militarily, converted to Islam, and manumitted to serve as soldiers; this was the case with the Mamluks, who later managed to seize power by overthrowing their Muslim masters, the Ayyubids.[7][8] In some cases, the harsh treatment of slaves also led to notable uprisings, such as the Zanj Rebellion.[9] Bernard Lewis opines that in later times, the domestic slaves, although subjected to appalling privations from the time of their capture until their final destination, seemed to be treated reasonably well once they were placed in a family and to some extent accepted as members of the household.[10]

The Muslim slave trade was most active in west Asia, eastern Europe and sub-Saharan Africa. Muslim traders exported as many as 17 million slaves to the coast of the Indian Ocean, the Middle East, and North Africa.[11] Abolitionist movements began to grow during the 19th century, prompted by both Muslim reformers and diplomatic pressure from Britain. The first Muslim country to prohibit slavery was Tunisia, in 1846.[12] During the 19th and early 20th centuries all large Muslim countries, whether independent or under colonial rule, banned the slave trade and/or slavery. The Dutch East Indies abolished slavery in 1860, while British India abolished slavery in 1862.[13] The Ottoman Empire banned the African slave trade in 1857 and the Circassian slave trade in 1908,[14] while Egypt abolished slavery in 1895, Afghanistan in 1921 and Persia in 1929.[15] In some Muslim countries in the Arabian peninsula and Africa, slavery was abolished in the second half of the 20th century: 1962 in Saudi Arabia and Yemen, Oman in 1970, Mauritania in 1981.[16] However, slavery has been documented in recent years, despite its illegality, in Muslim-majority countries in Africa including Chad, Mauritania, Niger, Mali, and Sudan.[17][18]

Many early converts to Islam were the poor and former slaves. One notable example is Bilal ibn Rabah al-Habashi.[19][20][21][22]

Slavery in pre-Islamic Arabia

Slavery was widely practiced in pre-Islamic Arabia, as well as in the rest of the ancient and early medieval world. The minority were white slaves of foreign extraction, likely brought in by Arab caravaners (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.[23] The slave population increased by the custom of child abandonment (see also infanticide), and by the kidnapping, or, occasionally, the sale of small children.[24] 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, Brunschvig states[23] (According to Brockopp, debt slavery was persistent.[25]) Free persons could 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.[24]

Two classes of slave existed: 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.[23][26][27]

The historical accounts of the early years of Islam report that "slaves of non-Muslim masters ... suffered brutal punishments. Sumayyah bint Khayyat 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. Abu Bakr freed Bilal when his master, Umayya ibn Khalaf, placed a heavy rock on his chest in an attempt to force his conversion."[25]

There were many common features between the institution of slavery in the Quran and that of pre-Islamic culture. However, the Quranic institution had some unique new features.[25] According to Brockopp, the idea of using alms for the manumission of slaves who had converted to Islam appears to be unique to the Quran.[28] Islam also prohibits the use of female slaves for prostitution which was common in pre-Islamic history.[29]

Brockopp states that the Qur'an was a progressive legislation on slavery in its time because it encouraged proper treatment.[25] Others state that Islam's record with slavery has been mixed, progressive in Arabian lands, but it increased slavery and worsened abuse as Muslim armies attacked people in Africa, Europe and Asia.[30][31] Murray notes that Quran sanctified the institution of slavery and abuses therein, but to its credit did not freeze the status of a slave and allowed a means to a slave's manumission in some cases when the slave converted to Islam.[31][32]

Quran

Alms-tax is only for the poor and the needy, for those employed to administer it, for those whose hearts are attracted ˹to the faith˺, for ˹freeing˺ slaves, for those in debt, for Allah’s cause, and for ˹needy˺ travellers. ˹This is˺ an obligation from Allah. And Allah is All-Knowing, All-Wise.

The Quran contains a number of verses aimed at regulating slavery and mitigating its negative impact.[33][34] It calls for the manumission (freeing) of slaves.[34][35] It prescribes kindness towards slaves.[34][36] Slaves are considered morally equal to free persons, however, they have a lower legal standing. All Quranic rules on slaves are emancipatory in that they improve the rights of slaves compared to what was already practiced in the 7th century.[37] Many Muslims have interpreted Quran as gradually phasing out slavery.[38][37]

The Quran calls for the freeing of slaves, either the owner manumitting the slave, or a third party purchasing and freeing the slave.[35] The freeing of slaves is encouraged as an act of benevolence,[39] and expiation of sins.[35][40] Quran 24:33 devises a manumission contract in which slaves buy their freedom in installments. Two[28] other verses encourage believers to help slaves pay for such contracts.[41] One of the uses of zakat, a pillar of Islam, is to pay for the freeing of slaves.[42]

The Quran prescribes kind treatment of slaves.[36][34] Verse 4:36 calls for good treatment to slaves. The Quran recognizes the humanity of slaves,[43] by calling them "believers", recognizing their desire to be free, and recognizing female slaves' aversion to prostitution.[44] Several verses list slaves as members of the household, sometimes alongside wives, children and other relatives.[43]

The Quran recognizes slaves as morally and spiritually equal to free people.[45] God promises an eternal life in the Hereafter.[33] This equality is indicated in Quran 4:25, which addresses free people and slaves as “the one of you is as the other” (ba'dukum min ba'din).[46] Quran 39:29 refers to master and slave with the same word.[46] However, slaves are not accorded the same legal standing as the free. Slaves are considered as minors for whom the owner is responsible.[45] The punishment for crimes committed by slaves is half the punishment as to be meted out on free persons.[41] The legal distinction between slaves and the free is regarded as the divinely established order of things,[33] which is seen as part of God's grace.[44]

The Quran recognizes slavery as a source of injustice, as it places the freeing of slaves on the same level as feeding the poor.[38] Nevertheless, the Quran doesn't abolish slavery. One reason given is that slavery was a major part of the 7th century socioeconomic system, and it abolishing it would not have been practical.[38] Most interpretations of the Quran agree that the Quran envisions an ideal society as one in which slavery no longer exists.[38][37]

Slaves are mentioned in at least twenty-nine verses of the Quran, most of these are Medinan and refer to the legal status of slaves. The legal material on slavery in the Quran is largely restricted to manumission and sexual relations.[25] The Quran permits owners to take slaves as concubines, though it promotes abstinence as the better choice.[41] It strictly prohibits slave prostitution.[41] According to Sikainga, the Quranic references to slavery as mainly contain "broad and general propositions of an ethical nature rather than specific legal formulations."[47] 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"). However the meaning and translation of this term has been disputed. Ghulam Ahmed Pervez argued that the term is used in the past-tense in the Quran, thus signalling only those individuals who were already enslaved at the dawn of Islam. This slight change in tense is significant, as it allowed Parwez to argue that slavery was never compatible with the commandments of the Quran and is in fact outlawed by Quranic Law.[48]

There are many common features between the institution of slavery in the Quran and that of neighboring cultures. However, the Quranic institution had some unique new features.[25] Bernard Lewis states that the Quranic legislation brought two major changes to ancient slavery which were to have far-reaching effects: presumption of freedom, and the ban on the enslavement of free persons except in strictly defined circumstances.[49] According to Brockopp, the idea of using alms for the manumission of slaves appears to be unique to the Quran, assuming the traditional interpretation of verses 2:177 and 9:60. Similarly, the practice of freeing slaves in atonement for certain sins appears to be introduced by the Quran (but compare Exodus 21:26-7).[25] The forced prostitution of female slaves, a long practiced custom in the Near Eastern, is condemned in the Quran.[27][50] Murray Gordon notes that this ban is "of no small significance."[51] Brockopp writes: "Other cultures limit a master's right to harm a slave but few exhort masters to treat their slaves kindly, and the placement of slaves in the same category as other weak members of society who deserve protection is unknown outside the Quran. The unique contribution of the Quran, then, is to be found in its emphasis on the place of slaves in society and society's responsibility toward the slave, perhaps the most progressive legislation on slavery in its time."[25]

Ma malakat aymanuhum

The most common term in the Qur'an to refer to slaves is the expression ma malakat aymanuhum or milk al-yamin[52] in short, meaning "those whom your right hands possess".[n 1] This term is found in 15 Quranic passages,[53] making it the most common term for slaves. The Qur'an refers to slaves very differently than classical Arabic: whereas the most common Arabic term for slave is ‘abd, the Qur'an instead uses that term in sense of "servant of God", and raqiq (another Arabic term for slave) is not found in the Qur'an.[53] Thus, this term is a Qur'anic innovation.[54] The term can be seen as an honorific, as to be held by "the right hands" means to be held in honor in Arabic and Islamic culture, a fact that can be seen in Quranic verses that refer to those who will enter Paradise as "companions of the right hand."[54] The term also implies that slaves are "possessions".[44] In four places, the Qur'an addresses slaves in the same terms as the free; for example, Q39:29 refers to both the master and the slave using the same word (rajul).[44]

Ghulam Ahmed Pervez and Amir Ali have argued that the expression ma malakat aymanukum should be properly read in the past tense, thus only referring to people already enslaved at the time the Qur'an was revealed.[55]

Prophet's traditions

Bilal ibn Ribah was an African slave who was emancipated when Abu Bakr paid his ransom upon Muhammad's instruction. He was appointed by Muhammad as the first official muezzin. This image depicts him atop the Kaaba in January 630, when he became the first Muslim to proclaim adhan in Mecca.

The corpus of hadith attributed to Muhammad follows the general lines of Quranic teaching on slavery and contains a large store of reports enjoining kindness toward slaves.[56][57]

Some modern Muslim authors [who?] have interpreted this as an indication that Muhammad envisioned a gradual abolition of slavery, while Murray Gordon characterizes Muhammad's approach to slavery as reformist rather than revolutionary. He did not set out to abolish slavery, but rather to improve the conditions of slaves by urging his followers to treat their slaves humanely and free them as a way of expiating one's sins. According to sahih (authentic) hadith Muhammad encouraged gifting of slaves to be a better alternative to setting them free.[58] When the people of Banu Qurayzah were defeated, he ordered some of the captives to be exchanged to purchase horses and arms.[59] Gordon argues that Muhammad instead assured the legitimacy of slavery in Islam by lending it his moral authority. Likely justifications for his attitude toward slavery included the precedent of Jewish and Christian teachings of his time as well as pragmatic considerations.[60]

The most notable of Muhammad's slaves were: Safiyya bint Huyayy, whom he freed and married; Maria al-Qibtiyya, given to Muhammad by a Sassanid official, who gave birth to his son Ibrahim and was freed. Sirin, Maria's sister, whom he freed and married to the poet Hassan ibn Thabit[61][dead link] and Zayd ibn Harithah, whom Muhammad freed and adopted as a son.[62]

Traditional Islamic jurisprudence

Source of slaves

Traditional Islamic jurisprudence presumed everyone was free under the dictum of The basic principle is liberty (Arabic: al-'asl huwa 'l-hurriya), and slavery was an exceptional condition.[63][49] Any person whose status was unknown (e.g. a foundling) was presumed to be free.[63][4] A free person could not sell himself or his children into slavery.[64] Neither could a free person be enslaved due to debt or as punishment for a crime.[64] Non-Muslims living under Muslim rule, known as dhimmi, could not be enslaved.[65] 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.[23] 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.[66] Purchasing slaves and receiving slaves as tribute was permitted. Many scholars subjected slave purchases to the condition that slave should have been "rightfully enslaved" in the first place.[67]

Treatment

In the instance of illness it would be required for the slave to be looked after. Manumission is considered a meritorious act. Based on the Quranic verse (24:33), Islamic law permits a slave to ransom himself upon consent of his master through a contract known as mukataba.[23] Azizah Y. al-Hibri, a professor of Law specializing in Islamic jurisprudence, states that both the Quran and Hadith are repeatedly exhorting Muslims to treat their slaves well and that Muhammad showed this both in action and in words.[68] Levy concurs, adding that "cruelty to them was forbidden."[69] Al-Hibri quotes the famous last speech of Muhammad and other hadiths emphasizing that all believers, whether free or enslaved, are siblings.[68] Lewis explains, "the humanitarian tendency of the Quran and the early caliphs in the Islamic empire, was to some extent counteracted by other influences,"[3] notably the practice of various conquered people and countries Muslims encountered, especially in provinces previously under Roman law. In spite of this, Lewis also states, "Islamic practice still represented a vast improvement on that inherited from antiquity, from Rome, and from Byzantium."[3] Murray Gordon writes: "It was not surprising that Muhammad, who accepted the existing socio-political 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.[70] The adoption of slaves as members of the family was common, according to Levy. If a slave was born and brought up in the master's household he was never sold, except in exceptional circumstances.[69]

Sexual intercourse