Appendix 5:

Slavery

The Book of Dhihar

Glossary


Appendix 5: Slavery

The issue of slavery may be one of the hardest issues to discuss. Our collective conscience as a global community is extremely averse to the discussion because of a variety of factors, not least of which is the cruel treatment that slaves suffered for centuries. Many preachers find it difficult to talk about the issue, particularly when they are asked why Islam’s stance did not mandate the immediate and absolute abolition of slavery. Furthermore, classical books of Islamic law contain extensive discussions of the rulings pertaining to the slaves, causing discomfort to many educators who must address them. In the following discussion, I will attempt to highlight some of the facts about Islam's stance from slavery.

A Historical Matter

To begin with, any discussion of slavery in Islam that does not put the issue in its proper historical context will be flawed. No heavenly religion sought to eliminate the institution of slavery more than Islam did. It would welcome the current state of abolishment of slavery worldwide, and it would certainly be keen on all the nations of the world maintaining this state. A central credo of conduct for Muslims is that when they engage in any agreement, they must comply with it, for Allah says:

{O you who have believed, fulfill [all] contracts…} (al-Mâ’idah 5: 1)

يَـٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوٓاْ أَوۡفُواْ بِٱلۡعُقُودِ

This defense of the Islamic stance on slavery, and its description of the excellent treatment of the slaves in Islam is, therefore, only a topic of theological and historical importance, not a practical matter.

Never Racist

The second important point to highlight is that slavery in Islam was never a racist practice. In the early history of the Muslim state, there were slaves from all nations, and even before Islam, the Arabs had slaves of all races. The most famous slaves in the history of Islam were the Prophet’s esteemed Companions Salmân the Persian, Bilâl the Abyssinian, and Ṣuhayb the Roman (RAHUM). Indeed, as British historian S. H. Leeder writes, the issue of color was irrelevant to the early Muslims.

“TAKE away that black man!” exclaimed the Christian Archbishop Cyrus. “I can have no discussion with him!” when the Arab conquerors had sent a deputation of their ablest men to discuss terms of surrender of the capital of Egypt, headed by the negro Ubâdah, as the ablest of them all. To the scared archbishop's astonishment, he was told that this man was commissioned by the General Amr; that the Moslems held negroes and white men in equal respect – judging a man by his character and not by his colour. [S.H. Leeder, Veiled Mysteries of Egypt and the Religion of Islam (New York: Charles Scribners' Sons, 1913), 332.]
This is not to claim that there have never been racist Muslims. Racism is a human condition that arises from egoism and is manifested in different forms, such as tribalism, groupism, classism, nationalism, etc. The closer and more devoted you become to Allah, the less egoistic you will be. The information here is about the institution of slavery in its theory, governing laws, and communal legal practice. Throughout the history of Islamic states, slaves came from all backgrounds; in fact, through most of Islamic history, they were from non-African nations, since there were not many conquests in sub-Saharan Africa. As in the Far East, those nations mostly came into the fold of Islam without war.

Slavery before Islam and in Other Religions

Slavery existed before Islam, and it spanned nearly every culture, nationality, and religion. While it may not have been known among hunter-gatherer populations, it was a part of every ancient civilization. In both a socio-geographic and religious context, slavery was normalized and tolerated worldwide, including in pre-Columbian America. Slavery was also common in Africa; in non-Muslim Africa, it was associated with pagan practices such as burying one or two young slaves alive next to the body of their deceased master. The spread of Islam is credited with ending this practice. [Gordon, M. (1989). Slavery in the Arab world. New York: New Amsterdam. p. 7.]

Research shows that no religion encouraged the ending of the practice as much as Islam did; likewise, no religion encouraged the beneficent treatment of the slaves as much as Islam did.

Here are some mentions of slavery in the Bible. (Note that the newer translations have changed the word ‘slave’ to ‘servant’.)

Numbers 31: 17-18, NIV
"Now kill all the boys. And kill every woman who has slept with a man, but save for yourselves every girl who has never slept with a man."

This statement, attributed to Moosâ (AS), clearly allows capturing, enslaving and having sex with young women.
Leviticus 25: 44-46, NIV
"Your male and female slaves are to come from the nations around you; from them you may buy slaves. You may also buy some of the temporary residents living among you and members of their clans born in your country, and they will become your property. You can bequeath them to your children as inherited property and can make them slaves for life, but you must not rule over your fellow Israelites ruthlessly..."
Exodus 21: 2-11, GNB
"If you buy a Hebrew slave, he shall serve for six years; but on the seventh he shall go out as a free man without payment. If he comes alone, he shall go out alone; if he is the husband of a wife, then his wife shall go out with him. If his master gives him a wife, and she bears him sons or daughters, the wife and her children shall belong to her master, and he shall go out alone. But if the slave plainly says, ‘I love my master, my wife and my children; I will not go out as a free man,’ then his master shall bring him to God, then he shall bring him to the door or the doorpost. And his master shall pierce his ear with an awl; and he shall serve him permanently.”
American historian and philosopher Will Durant describes the position of the Church as follows:
The Church did not condemn slavery. Orthodox and heretic, Roman and barbarian alike assumed the institution to be natural and indestructible; a few philosophers protested, but they too had slaves… Pagan laws condemned to slavery any free woman who married a slave; the laws of Constantine ordered the woman to be executed, and the slave to be burned alive. The Emperor Gratian decreed that a slave who accused his master of any offense except high treason to the state should be burned alive at
once, without inquiring into the justice of the charge. [Will Durant, The Story of Civilization: Vol. 4, The Age of Faith (New York: Simon and Schuster, 1950.]

Islam's Answer to the Dilemma of Slavery

It may be said that Islam did not take an absolute abolitionist stance on the institution of slavery, and this is true to some extent. One must remember, though, that during the time of the ministry of the Prophet (SA), not only was the immediate abolitionist approach not proposed by any religious or secular order, but it would have been infeasible. Furthermore, it might have resulted in social and economic turmoil, not only for the larger communities, but firstly for the many slaves who would have been unable to fend for themselves.
In addition, the issue of how to handle war captives made slavery the surest path to saving their lives. In the past, armies could not keep the captives in prison and provide for them due to the scarcity of resources. Freeing them was not always possible because they could regroup and go back to fighting.
Finally, since the enslavement of captives was a common practice of all armies, it would have been unexpected for the Muslims to free all the captives when they won a battle but still be taken as captives when they lost.

Islam's answer to the dilemma of slavery can be summarized in two major points:
1.      Gradual diminishment of the institution by simultaneously cutting off its tributaries and widening its runoffs

2.      Enjoining the excellent treatment of slaves for as long as the institution survived
In the following paragraphs, I will address these two points.

The Gradual Diminishment of the Institution of Slavery

When one wishes to drain a river of its water, there are two methods: cutting off its tributaries (sources) and increasing its runoffs. Before Islam, a person could be condemned into slavery through various means, including a man selling his own wife or child, child abandonment, debt-slavery, captivity in war, kidnapping, and as a punishment for certain crimes. Islam cut off all of those tributaries that fed into the river of slavery except for one: captivity in
war, for, as mentioned previously, it was a logistical necessity at times, and more importantly, enslavement helped protect the captives’ lives. Despite that, Islam recommended freeing those captives. The Prophet (SA) said:

Free the captives, feed the hungry and visit the sick. (Bukhari)

فُكُّوا الْعَانِيَ يَعْنِي الْأَسِيرَ وَأَطْعِمُوا الْجَائِعَ وَعُودُوا الْمَرِيضَ

Islam's Encouragement of the Emancipation of Slaves

Evidence from the Qur’an and the Sunnah makes it clear that the emancipation of slaves is considered one of the greatest virtues and ways to earn the Lord's pleasure.
Allah said:

{And have shown him (humankind) the two ways [of good and evil]? But he has not broken through the difficult pass [to righteousness]. And what can make you know what is [breaking through] the difficult pass? It is the freeing of a slave.} (al-Balad 90: 10-13)

وَهَدَيْنَاهُ النَّجْدَيْنِ*فَلَا اقْتَحَمَ الْعَقَبَةَ *وَمَا أَدْرَاكَ مَا الْعَقَبَة* فَكُّ رَقَبَةٍ

{Righteousness is not that you turn your faces toward the east or the west, but [true] righteousness is [in] one who believes in Allah, the Last Day, the angels, the Book, and the prophets and gives wealth, in spite of love for it, to relatives, orphans, the needy, the traveler, those who ask [for help], and for freeing slaves;...} (al-Baqarah 2: 177(

لَّيْسَ الْبِرَّ أَن تُوَلُّواْ وُجُوهَكُمْ قِبَلَ الْمَشْرِقِ وَالْمَغْرِبِ وَلَكِنَّ الْبِرَّ مَنْ آمَنَ بِاللّهِ وَالْيَوْمِ الآخِرِ وَالْمَلَائِكَةِ وَالْكِتَابِ وَالنَّبِيِّينَ وَآتَى الْمَالَ عَلَى حُبِّهِ ذَوِي الْقُرْبَى وَالْيَتَامَى وَالْمَسَاكِينَ وَابْنَ السَّبِيلِ وَالسَّائِلِينَ وَفِي الرِّقَابِ ...

Abu Hurayrah narrated that the Prophet (SA) said:

Whoever frees a Muslim slave, Allah will save all the parts of his body from the (hell) fire as he has freed the body parts of the slave.

من أَعْتَقَ رَقَبَةً مُسْلِمَةً أَعْتَقَ الله بِكُلِّ عُضْوٍ منه عُضْوًا من النَّارِ…

Sa‘eed ibn Marjânah said that he narrated this hadith to ‘Ali ibn al-Ḥusayn, who then freed his slave, even though ‘Abdullâh ibn Ja‘far had offered him ten thousand dirhams, or one thousand dinars, for that slave. (Bukhari)


Abu Hurayrah also narrated that the Prophet (SA) said:

Whoever frees his portion of a jointly-owned slave should free the slave completely by paying the rest of his price if he has enough money; otherwise, the price of the slave is to be estimated, and the slave should be helped to work, without hardship, until he can pay the rest of his price. (Bukhari)

من أَعْتَقَ شِقْصًا له في عَبْدٍ أُعْتِقَ كُلُّهُ إن كان له مَالٌ وَإِلَّا يستسعى غير مَشْقُوقٍ عليه

Islam also specified the freeing of slaves as the expiation for many sins.

Yet the best system Islam legislated was to give the slaves control over their own passage into the world of the free, by allowing them to purchase their own freedom with the help of the community members whom Allah ordered to support their cause. Allah says:

This was beneficial for the slaves who had to be weaned from depending on their masters for provisions, for they would have faced problems if they were suddenly required to provide their own food, clothes, and shelter. (We must not underestimate the potential impact on the stability and security of the society if it had been mandated that all the slaves be immediately freed.) Of course, it was also beneficial for the masters, who were, to a great extent, dependent on the slaves for their businesses.
This was also favorable for the community, for they would see responsible people, who knew the value of work and labor, moving from the ranks of the slaves to those of the free.
It is worth noting that the Prophet (SA) led by example. According to the books of seerah (the Prophet’s noble history), he emancipated all the slaves he had before Islam was revealed to him, as well as those given to him after Islam. In the most authentic book of Hadith, ‘Amr ibn al-Ḥârith (RA), the brother of the Mother of Believers, Juwayriyah (RAH), reported from her that when he died, the Messenger of Allah (SA) left neither a dinar nor a dirham, neither a
male nor a female slave, nor anything else except his white riding mule, his weapons, and the land which he had given in charity to wayfarers. (Bukhari: Book 1, Hadith 475)
Finally, in attestation to the Islamic plan for eliminating slavery, C. Snouck Hurgronje writes:
Setting slaves free is one of the most meritorious pious works, and, at the same time, the regular atonement for certain transgressions of the sacred law. So, according to Mohammedan principles, slavery is an institution destined to disappear. [C. Snouck Hurgronje, Mohammedanism (New York: G. P. Putnam’s Sons, 1916), 129.]

Islam's Enjoinment of the Excellent Treatment of the Slaves

The excellent treatment of slaves in Islam is a fact that I will try to highlight by proofs from the textual and historical accounts, including testimonies by non-Muslim historians and thinkers.

In the Qur’an, there are several verses commanding the good treatment of slaves, including:

{Worship Allah and associate nothing with Him, and to parents do good, and to relatives, orphans, the needy, the near neighbor, the neighbor farther away, the companion at your side, the traveler, and those whom your right hands possess. Indeed, Allah does not like those who are self-deluding and boastful.} (an-Nisâ’ 4: 36(

وَاعْبُدُواْ اللّهَ وَلاَ تُشْرِكُواْ بِهِ شَيْئًا وَبِالْوَالِدَيْنِ إِحْسَانًا وَبِذِي الْقُرْبَى وَالْيَتَامَى وَالْمَسَاكِينِ وَالْجَارِ ذِي الْقُرْبَى وَالْجَارِ الْجُنُبِ وَالصَّاحِبِ بِالجَنبِ وَابْنِ السَّبِيلِ وَمَا مَلَكَتْ أَيْمَانُكُمْ إِنَّ اللّهَ لاَ يُحِبُّ مَن كَانَ مُخْتَالاً فَخُورًا

The Messenger of Allah (SA) repeatedly commanded people to treat the slaves with mercy and compassion. One of his last recommendations to the Muslims before he died was to fear Allah regarding their slaves. A quick review of the following hadiths will further testify to his instructions regarding the excellent treatment of slaves:

None of you should say, “My slave (‘abdi)” or “My slave woman” – for you are all (Allah's) slaves, and the Lord is Allah, Most High.>> (A sound hadith recorded by Abu Dâwood)

ولا يَقُلْ أحدكم عَبْدِي أَمَتِي وَلْيَقُلْ فَتَايَ فَتَاتِي غُلَامِي

Al-Ma‘roor ibn Suwayd narrated:
saw Abu Dharr al-Ghifâri wearing a cloak, and his slave was wearing a cloak (like it). We asked him about that.
He replied, “Once I abused a man, and he complained of me to the Prophet (SA).”
The Prophet (SA) asked me:

“Did you abuse him by slighting his mother? You are a man who has jâhiliyah (pre-Islamic ignorance and disbelief).” He added, “Your slaves are your brethren, upon whom Allah has given you authority. If you have your brethren under your control, you should feed them with the like of what you eat and clothe them with the like of what you wear. You should not overburden them with what they cannot bear, and if you do so, help them (in their hard job)”.>> (Bukhari 3:46:721)

"يا أَبَا ذَرٍّ أَعَيَّرْتَهُ بِأُمِّهِ إِنَّكَ امْرُؤٌ فِيكَ جَاهِلِيَّةٌ إِخْوَانُكُمْ خَوَلُكُمْ جَعَلَهُمْ الله تَحْتَ أَيْدِيكُمْ فَمَنْ كان أَخُوهُ تَحْتَ يَدِهِ فَلْيُطْعِمْهُ مِمَّا يَأْكُلُ وَلْيُلْبِسْهُ مِمَّا يَلْبَسُ ولا تُكَلِّفُوهُمْ ما يَغْلِبُهُمْ فَإِنْ كَلَّفْتُمُوهُمْ فَأَعِينُوهُمْ"

The Prophet (SA) unequivocally prohibited the separation of a mother from her slave child. Abu Moosâ reported that he said:

May he be cursed, he who separates a mother from her child, or a brother from his sibling. (A weak hadith recorded by Tirmidhi)

لَعَنَ رسُولُ اللَّهِ - صلى الله عليه وسلم - من فَرَّقَ بين الْوَالِدَةِ وَوَلَدِهَا وَبَيْنَ الْأَخِ وَبَيْنَ أَخِيهِ

And for one who humiliates his slave by beating him or slapping him, the Prophet (SA) said:

He who slaps his slave or beats him, there is no expiation for this but to free him. (Muslim)

من لَطَمَ مَمْلُوكَهُ أو ضَرَبَهُ فَكَفَّارَتُهُ أَنْ يُعْتِقَهُ

The Messenger of Allah (SA) was always concerned about the wellbeing of the slaves, and he would always mention them at the times when he expected the greatest attention from his audience, such as the time of his death and
during the Farewell Pilgrimage, where he had the largest audience in his lifetime. “As for your slaves, male and female,” he exhorted them during the Farewell Pilgrimage, “feed them with what you eat yourself and clothe them with what you wear. If you cannot keep them or they commit any fault, discharge them. They are God’s people like unto you and be kind unto them.” [Gordon, M. (1989). Slavery in the Arab world. New York: New Amsterdam, p. 19.]
No other nation or religious group in the world treated slaves better than the Muslims did, as demonstrated by the aforementioned examples of instructions from Allah and His Messenger (SA). The following are the testimonies of non-Muslim historians and leaders regarding this very fact:
On the attitude of the Muslim master towards his slaves, American historian and philosopher Will Durant writes:
…he handled them with a genial humanity that made their lot no worse - perhaps better, as more secure - than that of a factory worker in nineteenth-century Europe… It is astonishing how many sons of slaves rose to high place in the intellectual and political world of Islam, how many, like Mahmud and the early Mameluks, became kings. [Will Durant, The Story of Civilization: Vol. 4, The Age of Faith (New York: Simon and Schuster, 1950), 209.]
At the end of the eighteenth century, Mouradgea d'Ohsson (an Armenian historian and diplomat who wrote extensively about the Ottoman Empire) declared:
There is perhaps no nation where the captives, the slaves, the very toilers in the galleys are better provided for or treated with more kindness than among the Muhammedans. [H. A. R. Gibb and J. H. Kramers, ed., The Encyclopaedia of Islam: New Edition, vol. 1 (Leiden: E. J. Brill, 1986), 35.]
Napoleon Bonaparte, a military leader who was Emperor of France from 1804 to 1814, is recorded as saying about the condition of slaves in Muslim countries:
In the East, slavery never had the same characteristics as in the West. The slavery of the East is that which is seen in the Holy Scripture: the slave inherits from his master and marries his daughter. Most of the Pashas had been slaves; a great number of grand viziers, all the Mamluks, Ali Bey al-Kabir, and Murad Bey had all been slaves. They started by performing the most menial services in the house of their master and subsequently rose in status because of their merit or through favours. In the West, on the other hand, the slave was always below the domestic servant; he occupied the lowest rank... [Christian Cherfils, Bonaparte et l'Islam d'après les Documents Français & Arabes (Paris: Libraire de la Cour d'Appel et de l'Ordre des Avocats, 1914), 124.]


With regard to the question of concubines and having sex with the slave girls, we must first say that the Prophet (SA) encouraged the masters to free their female slaves and marry them. He said:

He will be doubly rewarded… the man who had a slave girl, and he fed her well, taught her manners and educated her, and then freed her and married her. (Bukhari and Muslim)

وَرَجُلٌ كانت له أَمَةٌ فَغَذَّاهَا فَأَحْسَنَ غِذَاءَهَا ثُمَّ أَدَّبَهَا فَأَحْسَنَ أَدَبَهَا ثُمَّ أَعْتَقَهَا وَتَزَوَّجَهَا فَلَهُ أَجْرَانِ

Secondly, this system was not new, nor was it introduced by Islam; all the prophets before Islam acknowledged it and used it. There is no argument among the Jews, Christians, and Muslims that Hâjar was the concubine of Prophet Ibrâheem, and the Old Testament contains countless stories about concubines, including those of the Prophets Dâwood and Sulaymân (peace and blessings be upon them).
We can never view sexual relations with a female slave nowadays from the same perspective of those who lived during those times. It is illogical to deal with historical matters without understanding their context; judging a practice as good or bad cannot be done in the abstract, separate from its context and the norms of the time. Prostitution refers to sex outside of the socially acceptable context, but in ancient times, the concubine (like the wife) was allowed to have sex with the master as a legitimate partner. No woman would ever be allowed to have two sexual partners during the same time, so this concubine was not a sex tool to be enjoyed by the master and his relatives and friends. She could only be wed to one person, and her rights, along with the
rights of her children, were guaranteed. Ultimately, sex with the female slave provided a way to fulfill her needs, and she also gained a special status once she delivered a child, who had the same rights as the master’s other children. After bearing his child, she could not be sold and was freed upon the death of the master.
I would conclude by emphasizing that Islam was keen on the emancipation of the slaves, and it enjoined this throughout its teachings. The original and natural state in which God created his servants is the state of freedom, and He desires a return to that freedom. Let us all pray for the deliverance of all people from all forms of disguised slavery that exist in our world today and for the end of all manifestations of subjugation of people by others.

Slavery

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