From Wikipedia, the free encyclopedia
Historically, the
major juristic schools of Islam traditionally accepted the institution of
slavery.
[1] The Islamic prophet
Muhammad and many of
his companions bought, sold, freed, and captured slaves.
In
Islamic law the topic of slavery is covered at great length.
[1] The
Qur'an (the holy book) and the
hadith (the sayings of Muhammad) see slavery as an exceptional condition that can be entered into under certain limited circumstances.
[2] Only children of slaves or non-Muslim prisoners of war could become slaves, never a freeborn Muslim.
[3] They also consider
manumission of a slave to be one of many meritorious deeds available for the expiation of sins.
[4] According to
Sharia, slaves are considered human beings and possessed of some rights on the basis of their humanity. In addition, a
Muslim slave is equal to a Muslim freeman in religious issues and superior to the free
non-Muslim.
[5]
In practice, slaves played various social and economic roles from
Emir to worker. Slaves were widely employed in irrigation, mining, pastoralism and the army. Even some rulers relied on military and administrative slaves to such a degree that they seized power. However, people do not always treat with slaves in accordance with Islamic law. In some cases, the situation has been so harsh as to have led to uprisings such as
Zanj Rebellion.
[6] However, this was usually the exception rather than the norm, as the vast
majority of labour in the medieval
Islamic world consisted of free,
paid labour.
[7] 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.
[8] In theory, slavery in Islamic law does not have a racial or color component, although this has not always been the case in practice.
[9]
The
Arab slave trade was most active in
West Asia,
North Africa and
East Africa. 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.
[2] However, slavery claiming the sanction of Islam is documented presently in the African republics of
Chad,
Mauritania,
Niger,
Mali and
Sudan.
[10][11][12]
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 majority of slaves within
Arabia were of
Ethiopian origin, through whose sale merchants grew rich. 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.
[2] The slave population was added to by the custom of
child abandonment (see also
infanticide), the
kidnapping, or, occasionally, the sale of small children.
[13] 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
[2] (According to Brockopp, debt slavery was persistent.
[14]) 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.
[13]
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.
[2][15][16]
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 in an attempt to force his conversion."
[14]
Slavery in the Qur'an
The
Qur'an includes multiple references to slaves, slave women, slave concubinage, and the freeing of slaves. It 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 a 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."
[2][17] The Qur'an also recognizes concubinage.
[18][19] 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.
[14] The Qur'an urges, without commanding, kindness to the slave
[20] and recommends, their liberation by purchase or manumission. The freeing of slaves is recommended both for the expiation of sins
[21] and as an act of simple benevolence.
[22] It exhorts masters to allow slaves to earn or purchase their own freedom (
manumission contracts)."
[18]
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.
[14] 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."
[23]
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,
[24] regarding this discrimination between human beings as in accordance with the divinely established order of things.
[14][25] "The Qur'an, however, does not consider slaves to be mere chattel; their humanity is directly addressed in references to their beliefs,
[26] their desire for manumission and their feelings about being forced into prostitution.
[27] 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,
[28] 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.
[14] 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.
[29]
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.
[14] Bernard Lewis states that the Qur'anic 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.
[18] According to Brockopp, the idea of using alms for the manumission of slaves appears to be unique to the Qur'an, assuming the traditional interpretation of verses
[Qur'an 2:177] and
[Qur'an 9:60]. Similarly, the practice of freeing slaves in atonment for certain sins appears to be introduced by the Qur'an (but compare Exod 21:26-7).
[14] The forced prostitution of female slaves, a Near Eastern custom of great antiquity, is condemned in the Qur'an.
[16][30] Murray Gordon notes that this ban is "of no small significance."
[31] 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 Qur'an. The unique contribution of the Qur'an, 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."
[14]
Muhammad's traditions
The Islamic prophet Muhammad encouraged
manumission of slaves, even if one had to purchase them first. On many occasions, Muhammad's companions, at his direction, freed slaves in abundance. Muhammad personally freed 63 slaves, and his wife Aisha freed 67.
[32] In total his household and friends freed 39,237 slaves.
[33] 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, whom he freed and who may have become his wife;
[34] Sirin, Maria's sister, whom he freed and married to the poet
Hassan ibn Thabit[35] and
Zayd ibn Harithah, whom Muhammad freed and
adopted as a son.
[36]
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,
[2] though enslavement was sanctioned by God as punishment for unbelief.
[37] 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.
[2] 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.
[38]
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 (
[Qur'an 24:33]), the Islamic law permits a slave to ransom himself upon consent of his master through a contract known as
mukataba.
[2] Azizah Y. al-Hibri, a professor of Law specializing in Islamic jurisprudence, states that both the Qur’an and Hadith are repeatedly exhorting Muslims to treat the slaves well and that Muhammad showed this both in action and in words.
[39] Levy concurs, adding that "cruelty to them was forbidden."
[40] Al-Hibri quotes the famous last speech of Muhammad and other hadiths emphasizing that all believers, whether free or enslaved, are siblings.
[39] Lewis explains, "the humanitarian tendency of the Qur'an and the early caliphs in the Islamic empire, was to some extent counteracted by other influences,"
[1] notably the practice of various conquered people and countries Muslims encountered, especially in provinces previously under
Roman law (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."
[1] 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."
[41] 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.
[40]
Legal status
Within
Islamic jurisprudence, slaves were excluded from religious office and from any office involving jurisdiction over others.
[42] 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
eunuchs who have held military and administrative positions of note.
[43] With the permission of their owners they are able to marry.
[44] 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)
[1] or born from slave parents, slavery would be theoretically abolished with the expansion of Islam.
[43] Fazlur Rahman agrees, stating that the Qur'anic acceptance of the institution of slavery on the legal plane was the only practical option available at the time of Muhammad since "slavery was ingrained in the structure of society, and its overnight wholesale liquidation would have created problems which it would have been absolutely impossible to solve, and only a dreamer could have issued such a visionary statement."
[45] Islam's reforms stipulating the conditions of enslavement seriously limited the supply of new slaves.
[1] Murray Gordon does not: "Muhammad took pains in urging the faithful to free their slaves as a way of expiating their sins. Some
Muslim scholars have taken this mean that his true motive was to bring about a gradual elimination of slavery. Far more persuasive is the argument that by lending the moral authority of Islam to slavery, Muhammad assured its legitimacy. Thus, in lightening the fetter, he riveted it ever more firmly in place."
[46] 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,
[47] primarily from Africa. These slaves suffered a high death toll.
[1][47] 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.
[48]
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.
[49] (In early Islam, neither a Muslim nor a Christian or Jew could be enslaved.
[50]) 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.
[51] 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.
[52] 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.
[53]
Rights and restrictions
"Morally as well as physically the slave is regarded in law as an inferior being," Levy writes.
[54] Under Islamic law, a slave possesses a composite quality of being both a person and a possession.
[2] 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.
[55]
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.
[56] 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.
[2][57] Masters may sell, bequeath, give away, pledge, hire out or compel them to earn money.
[40]
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)
[58][59]
The
mahr that is given for marriage to a female slave is taken by her owner, whereas all other women possess it absolutely for themselves
[60]
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.
[61] The purchase of female slaves for sex was lawful from the perspective of Islamic law, and this was the most common motive for the purchase of slaves throughout Islamic history.
[62] 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.
[49] Islam permits sexual relations between a male master and his female slave outside of marriage. This is referred to in the Qur'an as
ma malakat aymanukum or "what your right hands possess".
[63][64] There are some restrictions on the master; he may not co-habit with a female slave belonging to his wife, neither can he have relations with a female slave if she is co-owned, or already married.
[2]
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.
[65] 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.
[66] 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 Shi'a, she is only freed if her child is still alive; her value is then deducted from this child's share of the inheritance.
[2] 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.
[51]
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.
[2][51] 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."
[67] 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."
[68] Most schools restrict concubinage to a monogamous relationship between the slave woman and her master,
[69] According to Sikainga, "in reality, however, female slaves in many Muslim societies were prey for members of their owners' household, their neighbors, and their guests."
[70]
In Shiite jurisprudence it is unlawful for a master of a female slave to grant a third party the use of her for sexual relations. The Shiite scholar Shaykh al-Tusi stated:ولا يجوز إعارتها للاستمتاع بها لأن البضع لا يستباح بالإعارة "It is not permissible to loan (the slave girl) for enjoyment purpose, because sexual intercourse cannot be legitimate through loaning"
[71] and the Shiite scholars al-Muhaqiq al-Kurki, Allamah al-Hilli and Ali Asghar Merwarid made the following ruling: ولا تجوز استعارة الجواري للاستمتاع "It is not permissible to loan the slave girl for the purpose of sexual intercourse"
[72]
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.
[73] Lewis asserts that since kafa'a "does not forbid unequal marriages", it is in no sense a "Muslim equivalent of
Nuremberg 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."
[2][74]
Manumission
The Qur'an and 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."
[2][75]
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.
[75]
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,"
[4] 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."
[76]
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.
[2] One of the first religious decrees comes from the two highest dignitaries of the Hanafi and Maliki rites in the Ottoman 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."
[2]
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."
[2] 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.
[2]
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).
[14]
The idea that Islam only tolerated slavery due to necessity has to some extent found its way into the circle of the
Ulema.
[14] It has been unable to gain support among the
Wahhabis.
[2]
History of slavery under Muslim rule
Reasons for low natural increase in the internal slave population
According to Bernard Lewis, the growth of internal slave populations through
natural increase was insufficient to maintain numbers right through to modern times, which contrasts markedly with rapidly rising slave populations in the New World. He writes that a contributing factor was the liberation of slaves as an act of piety, but the primary drain was the liberation by freemen of their own offspring born by slave mothers. Other factors Lewis describes for the low natural increase of slave populations in the Islamic world include:
- Castration: A fair proportion of male slaves were imported as eunuchs. Levy states that according to the Qur'an and Islamic traditions, such emasculation was objectionable. Jurists such as al-Baydawi considered castration to be mutilation, stipulating law enforcement to prevent it. However, in practice, emasculation was frequent.[40] In nineteenth century Mecca, the majority of eunuchs were in the service of the mosques.[77]
- Liberation of military slaves: Military slaves that rose through the ranks were usually liberated at some stage in their careers.
- Restrictions on procreation: Among the menial, domestic, and manual worker slaves, casual mating was not permitted and marriage was not encouraged.
- High death toll: There was a high death toll among all classes of slaves. Slaves usually came from remote places and, lacking immunities, died in large numbers. As late as the nineteenth century, Western travellers in North Africa and Egypt noted the high death rate among imported black slaves.[78]
Segal notes that recent slaves, weakened by their initial captivity and debilitating journey, would have been easy victim to climate changes and infection.
[79] Children were especially at risk, and the Islamic market demand for children was much greater than the American one. Many blacks, both slave and free, lived in conditions conducive to malnutrition and disease, with effects on their own
life expectancy, the fertility of women, and the
infant mortality rate.
[80]
Another factor was the
Zanj Rebellion against the
plantation economy of 9th-century
southern Iraq. Due to fears of a similar uprising among slave
gangs occurring elsewhere, Muslims came to realize that large concentrations of slaves were not a suitable organization of labour and that slaves were best employed in smaller concentrations.
[81] As such, large-scale employment of slaves for manual labour became the exception rather than the norm, and the medieval Islamic world did not need to import vast numbers of slaves.
[7]
Consequences of Muhammad's prescriptions on slavery
- Early Islamic history
W. Montgomery Watt points out that Muhammad's expansion of
Pax Islamica to the Arabian peninsula reduced warfare and raiding, and therefore cut off the sources of enslaving freemen.
[82] According to
Patrick Manning, the 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 existed since the most ancient times.
[48]
- Later periods
Bernard Lewis writes: "In one of the sad paradoxes of
human history, it was the humanitarian reforms brought by Islam that resulted in a vast development of the
slave trade inside, and still more outside, the Islamic empire." He notes that the Islamic injunctions against the enslavement of Muslims led to massive importation of slaves from the outside.
[83] According to
Patrick Manning, Islam by recognizing and codifying the slavery seems to have done more to protect and expand slavery than the reverse.
[48]
Oriental slave trade
13th century slave market in Yemen
The 'Oriental' or 'Arab' slave trade is sometimes called the 'Islamic' slave trade. Bernard Lewis writes that "polytheists and idolaters were seen primarily as sources of slaves, to be imported into the Islamic world and molded in Islamic ways, and, since they possessed no religion of their own worth the mention, as natural recruits for Islam."
[84] Patrick Manning states that religion was hardly the point of this slavery.
[85] Also, this term suggests comparison between Islamic slave trade and
Christian slave trade. Furthermore, usage of the terms "Islamic trade" or "Islamic world" implicitly and erroneously treats Africa as it were outside of Islam, or a negligible portion of the Islamic world.
[85] Propagators of Islam in Africa often revealed a cautious attitude towards proselytizing because of its effect in reducing the potential reservoir of slaves.
[86]
The author Ronald Segal
[87] distinguishes the Islamic slave trade from that of the Atlantic or European slave trade by highlighting the aspects of its duration and nature: "It began in the middle of the seventh century and survives today in Mauritania and Sudan. With the Islamic slave trade, we're talking of 14 centuries rather than four." Further, "whereas the gender ratio of slaves in the Atlantic trade was two males to every female, in the Islamic trade, it was two females to every male."
In the 8th century
Africa was dominated by
Arab-
Berbers in the north: Islam moved southwards along the
Nile and along the desert trails. The
Solomonic dynasty of
Ethiopia often exported
Nilotic slaves from their western borderland provinces, or from newly conquered or reconquered Muslim provinces. Native Muslim Ethiopian
sultanates (rulership) exported slaves as well, such as the sometimes independent sultanate (rulership) of
Adal .
[88]
For a long time, until the early 18th century
Crimean Khanate maintained massive slave trade with the
Ottoman Empire and the Middle East. Between 1530 and 1780 there were almost certainly 1 million and quite possibly as many as 1.25 million white, European Christians enslaved by the Muslims of the
Barbary Coast.
[89]
On the coast of the
Indian Ocean too, slave-trading posts were set up by Arabs.
[90] The archipelago of
Zanzibar, along the coast of present-day
Tanzania, is undoubtedly the most notorious example of these trading colonies. East Africa and the Indian Ocean continued as an important region for the Oriental slave trade up until the 19th century.
[2] Livingstone and
Stanley were then the first Europeans to penetrate to the interior of the
Congo basin and to discover the scale of slavery there.
[90] The Arab
Tippu Tib extended his influence and made many people slaves.
[90] After Europeans had settled in the
Gulf of Guinea, the trans-Saharan slave trade became less important. In Zanzibar, slavery was abolished late, in 1897, under Sultan
Hamoud bin Mohammed.
[91] The rest of Africa had no direct contact with Muslim slave-traders.
Roles filled by slaves
A system of plantation labor, much like that which would emerge in the Americas, developed early on, but with such dire consequences that subsequent engagements were relatively rare and reduced. Moreover, the need for agricultural labor, in an Islam with large peasant populations, was nowhere near as acute as in the Americas.
[92] Slaves in Islam were mainly directed at the service sector - concubines and cooks, porters and soldiers - with slavery itself primarily a form of consumption rather than a factor of production.
[80] The most telling evidence for this is found in the gender ratio; among black slaves traded in Islam across the centuries, there were roughly two females to every male.
[80]
Almost all female slaves had domestic occupations. This included the gratification of the master's sexual impulses. This was a lawful motive for their purchase, and the most common one.
[62]
In recruiting barbarians from the "martial races" beyond the frontiers into their imperial armies, the Arabs were doing what the Romans and the Chinese had done centuries before them. In the scale of this recruitment, however, and the preponderant role acquired by these recruits in the imperial and eventually metropolitan forces, Muslim rulers went far beyond any precedent.
[93] It was not until the medieval Islamic state that we find military slaves in significant numbers, forming a substantial and eventually predominant component in their armies.
[94]
While slaves were sometimes employed for
manual labour during the Arab slave trade, this was usually the exception rather than the norm. The vast majority of labour in the medieval Islamic world consisted of free,
paid labour. The only known exceptions to this general rule was in the
plantation economy of 9th-century
southern Iraq (which led to the
Zanj Revolt), in 9th-century
Ifriqiya (modern-day
Tunisia), and in 11th-century
Bahrain (during the
Karmatian state).
[7]
Rebellion
In some cases slaves joined to rebels or even uprose against governors. The most renowned of this rebellions was
Zanj Rebellion.
The Zanj Revolt took place near the city of
Basra, located in southern
Iraq over a period of fifteen years (869-883 AD). It grew to involve over 500,000 slaves who were imported from across the Muslim empire and claimed over “tens of thousands of lives in lower Iraq”
[95]. The revolt was said to have been led by
Ali ibn Muhammad, who claimed to be a descendent of Caliph
Ali ibn Abu Talib. Several historians, such as Al-Tabari and Al-Masudi, consider this revolt one of the “most vicious and brutal uprising” out of the many disturbances that plagued the
Abbasid central government.
[95]
Capturing political power
A Mamluk cavalryman, drawn in 1810
were
slave soldiers who were converted to
Islam and served the
Muslim caliphs and the
Ayyubid sultans during the
Middle Ages. Over time, they became a powerful military
caste numerously defeating the
Crusaders and, on more than one occasion, they seized power for themselves, for example ruling
Egypt in the
Mamluk Sultanate from 1250-1517.
19th century and post 19th century
Slavery in Muslim lands was influenced by the revolution against slavery in 19th century in
England and later in other
Western countries which gave rise to a strong abolitionist movement in Europe. Contrasting with ancient and colonial systems, slaves in Muslim lands had a certain legal status and had obligations to as well as rights over the slave owner. Slavery was not only recognized but was elaborately regulated by
Sharia law. Although emancipation of slaves was recommended, it was not compulsory. Lewis elucidates that it was for this reason that "the position of the domestic slave in Muslim society was in most respects better than in either
classical antiquity or the nineteenth-century Americas" and that the economic situation of such slaves were no worse than (and even in some cases better than) free poors.
[96]
Ironically, the enlightened incentives and opportunities for slaves to be emancipated meant there was a strong market for new slaves and thus strong incentive to enslave and sell human beings.
[97] The processes of acquisition and transportation of slaves to Muslim lands often imposed appalling loss of life and hardships. The hardships of acquisition and transportation of slaves to Muslim lands drew attention of European opponents of slavery. The continuing pressure from European countries eventually overcame the strong resistance of religious conservatives who were holding that forbidding what God permits is just as great an offence as to permit what God forbids. Slavery, in their eyes, was "authorized and regulated by the holy law".
[98] Even masters persuaded of their own piety and benevolence sexually exploited their concubines, without a thought of whether this constituted a violation of their humanity.
[99] There were also many pious Muslims who refused to have slaves and persuaded others to do so.
[100] Eventually, the Ottoman Empire's orders against the traffic of slaves were issued and put into effect.
[96]
According to Brockopp, in 19th century, "Some authorities made blanket pronouncements against slavery, arguing that it violated the qurʾānic ideals of equality and freedom. The great slave markets of Cairo were closed down at the end of the nineteenth century and even conservative Qurʾān interpreters continue to regard slavery as opposed to Islamic principles of justice and equality."
[14]
Slavery in the forms of carpetweavers, sugarcane cutters,
camel jockeys,
sex slaves, and even chattel exists even today in some Muslim and non-Muslim countries (Some have questioned the use of the term slavery as an accurate description
[101]).
[102]
Twentieth Century suppression and outlawry
Hamoud bin Mohammed, Sultan of Zanzibar from 1896 to 1902. He complied with British demands that slavery be banned in
Zanzibar and that all the slaves be freed. For this he was decorated by
Queen Victoria and his son and heir,
Ali bin Hamud, was brought to England to be educated.
Unlike Western societies which in their opposition to slavery spawned anti-slavery movements whose numbers and enthusiasm often grew out of church groups, no such grass-roots organizations ever developed in Muslim societies. In Muslim politics the state unquestioningly accepted the teachings of Islam and applied them as law. Islam, by sanctioning slavery - however mild a form it generally took - also extended legitimacy to the nefarious traffic in slaves.
[103]
Writing about 1862 the English traveler W.G. Palgrave says that in Arabia he constantly met with black slaves in large numbers. The effects of concubinage were apparent in the number of persons of
mixed race and the emancipation of slaves he found to be common.
[104] Doughty, writing about 25 years later, made similar reports.
[105]
Slavery was common in the
East Indies until the end of the 19th century. In Singapore in 1891 there was a regular trade in Chinese slaves by Muslim slaveowners, with girls and women used for concubinage.
[106]
At
Istanbul, the sale of black and
Circassian women was conducted openly until the granting of the Constitution in 1908.
[107]
It was in the early 20th century (post
World War I) that slavery gradually became outlawed and suppressed in Muslim lands, largely due to pressure exerted by Western nations such as
Britain and
France.
[2]
In 1925 slaves were still being bought and sold at
Mecca in the ordinary way of trade.
[108] The slave market there consisted of the offspring of local slaves as well as those imported from the
Yemen, Africa, and
Asia Minor.
By the
Treaty of Jedda, May 1927 (art.7), concluded between the British Government and
Ibn Sa'ud (King of
Nejd and the
Hijaz) it was finally agreed to suppress the slave trade in
Saudi Arabia. Then by a decree issued in 1936 the importation of slaves into Saudi Arabia was prohibited unless it could be proved that they were slaves at that date.
[109]
In 1953, sheikhs from
Qatar attending the coronation of
Queen Elizabeth II included slaves in their retinues, and they did so again on another visit five years later.
[110]
It was not until 1962 that all slavery practice or trafficking in Saudi Arabia was prohibited.
By 1969 it could be observed that most Muslim states had abolished slavery although it existed in the deserts of Iraq bordering Arabia and it still flourished in Saudi Arabia, the
Yemen and
Oman.
[111] Slavery was not formally abolished in Yemen and Oman until the following year.
[112] The last nation to formally enact the abolition of slavery practice and slave trafficking was
the Islamic Republic of Mauritania in 1981.
[113]
Gordon describes the lack of homegrown Islamic abolition movements as owing much to the fact that it was deeply anchored in Islamic law. By legitimizing slavery and - by extension - traffic in slaves, Islam elevated those practices to an unassailable moral plain. As a result, in no part of the Muslim world was an ideological challenge ever mounted against slavery. The political and
social system in Muslim society would have taken a dim view of such a challenge.
[114] Some Muslim leaders, like
Fatimid caliph Al-Hakim bi-Amr Allah did ban slavery, but it had little influence in the Islamic world.
[115]
Slavery in the contemporary Muslim world
The issue of slavery in the Islamic world in modern times is controversial. Critics argue there is hard evidence of its existence and destructive effects. Others maintain slavery in central Islamic lands has been virtually extinct since mid-twentieth century, and that reports from Sudan and Somalia showing practice of slavery is in border areas as a result of continuing war
[116] and not Islamic belief.
Salafi and traditionalist juridical support for slavery
In recent years, according to some scholars,
[117] there has been a "worrying trend" of "reopening" of the issue of slavery by some conservative
Salafi Islamic scholars after its "closing" earlier in the 20th century when
Muslim countries banned slavery and "most Muslim scholars" found the practice "inconsistent with Qur'anic morality."
[118][119]
In 2003 a high-level Saudi jurist, Shaykh
Saleh Al-Fawzan, issued a fatwa claiming “Slavery is a part of Islam. Slavery is part of jihad, and jihad will remain as long there is Islam.”
[120] He attacked Muslim scholars who said otherwise maintaining, “They are ignorant, not scholars ... They are merely writers. Whoever says such things is an infidel.” At the time of the fatwa, al-Fawzaan was a member of the Senior Council of Clerics, Saudi Arabia’s highest religious body, a member of the Council of Religious Edicts and Research, the Imam of Prince Mitaeb Mosque in Riyadh, and a professor at Imam Mohamed Bin Saud Islamic University, the main Wahhabi center of learning in the country.
According to multiple sources, religious calls have also been made to capture and enslave Jewish women. As American journalist
John J. Miller said, "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?'"
[121]
Shaykh Fadhlalla Haeri of
Karbala expressed the view in 1993 that the enforcement of servitude can occur but is restricted to war captives and those born of slaves.
[122]
Dr. Abdul-Latif Mushtahari, the general supervisor and director of homiletics and guidance at the
Azhar University, has said on the subject of justifications for Islamic permission of slavery:
[123]
"Islam does not prohibit slavery but retains it for two reasons. The first reason is war (whether it is a civil war or a foreign war in which the captive is either killed or enslaved) provided that the war is not between Muslims against each other - it is not acceptable to enslave the violators, or the offenders, if they are Muslims. Only non-Muslim captives may be enslaved or killed. The second reason is the sexual propagation of slaves which would generate more slaves for their owner."
Islamist opinions
Earlier in the 20th century, prior to the "reopening" of slavery by
Salafi scholars like Shaykh al-Fawzaan, Islamist authors declared slavery outdated without actually clearly affirming and promoting its abolition. This has caused at least one scholar (William Clarence-Smith
[124]) to bemoan the 'dogged refusal of Mawlana Mawdudi to give up on slavery' and the notable 'evasions and silences of Muhammad Qutb.'
[125]
Syed Qutb, the scholar of the Islamist
Muslim Brotherhood said in his
(Tafsir) of the Quran
"And concerning slavery, that was when slavery was a world-wide structure and which was conducted amongst Muslims and their enemies in the form of enslaving of prisoners of war. And it was necessary for Islam to adopt a similar line of practise until the world devised a new code of practise during war other than enslavement"[126]
Qutb's brother
Muhammad Qutb contrasted sexual relations between Muslim slaveowners and their female slaves with what is, in his view, the widespread and depraved practice of casual consensual sex in contemporary Europe:
Islam made it lawful for a master to have a number of slave-women captured in wars and enjoined that he alone may have sexual relations with them ... Europe abhors this law but at the same gladly allows that most odious form of animalism according to which a man may have illicit relations with any girl coming across him on his way to gratify his animal passions[127]
Maulana Mawdudi of
Jamaat-e-Islami has said:
Islam has clearly and categorically forbidden the primitive practice of capturing a free man, to make him a slave or to sell him into slavery. On this point the clear and unequivocal words of [Muhammad] are as follows:
"There are three categories of people against whom I shall myself be a plaintiff on the Day of Judgement. Of these three, one is he who enslaves a free man, then sells him and eats this money" (al-Bukhari and Ibn Majjah).
The words of this Tradition of the Prophet are also general, they have not been qualified or made applicable to a particular nation, race, country or followers of a particular religion.....After this the only form of slavery which was left in Islamic society was the prisoners of war, who were captured on the battlefield. These prisoners of war were retained by the Muslim Government until their government agreed to receive them back in exchange for Muslim soldiers captured by them.....[128]
Shiekh
Taqiuddin al-Nabhani, a shariah judge accredited by
Al-Azhar University and founder of
Hizb ut-Tahrir movement, gives the following explanation:
When Islam came, for the situations where people were taken into slavery (e.g. debt), Islam imposed Shari’ah solutions to those situations other than slavery. For example Islam clarified in relation to the bankrupt debtor that the creditor should wait until a time of ease for the debtor to pay. The Supreme (Allah) said in the Quran: "And if he is one in difficulty then waiting to a time of ease"'....It (Islam) made the existing slave and owner form a business contract, based upon the freedom, not upon slavery...It forbade the enslaving of free people with a comprehensive prohibition ... So Allah will deal with the seller of the free person. As for the situation of war, Islam prevented the enslaving of captives or prisoners of war absolutely. In the second year of the Hijrah, it clarified the rule of the captive in that either they are favoured by releasing without any exchange, or they are ransomed for money or exchanged for Muslims or non-Muslim citizens of the Caliphate.[129]
Current status
While slavery is illegal in Saudi Arabia despite Shaykh
al-Fawzaan's fatwa, the proclamation carries weight among many
Salafi Muslims. According to reformist jurist and author Khaled Abou El Fadl, it "is particularly disturbing and dangerous because it effectively legitimates the trafficking in and sexual exploitation of so-called domestic workers in the Gulf region and especially Saudi Arabia."
[130] Organized criminal gangs smuggle children into Saudi Arabia where they are enslaved, sometimes mutilated, and forced to work as beggars. When caught, the children are deported as illegal aliens.
[131]
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.[132
