Comment 87888

By Pip Power (anonymous) | Posted April 17, 2013 at 17:53:48 in reply to Comment 79400

SLAVERY IN ISLAM

All the ancient as well as the contemporary scholars acknowledge the fact of slavery in Islam and clarify the status of slaves. I have chosen the opinions of the most famous scholars to shed light on their position.
The Scholars of al-Azhar in Egypt
In his book, "You Ask and Islam Answers", Dr. 'Abdul-Latif Mushtahari, the general supervisor and director of homiletics and guidance at the Azhar University, says (pp. 51,52),
"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."
The text is plain that all prisoners of war must either be killed or become slaves. The ancient scholars are in full agreement over this issue, such as Ibn Timiyya, Ibn Hisham, Malik etc. Ibn Timiyya says (Vol. 32, p. 89),
"The root of the beginning of slavery is prisoners of war; the bounties have become lawful to the nation of Muhammad."
Then (Vol. 31, p. 380), he indicates clearly and without shame,
"Slavery is justified because of the war itself; however, it is not permissible to enslave a free Muslim. It is lawful to kill the infidel or to enslave him, and it also makes it lawful to take his offspring into captivity”.
In Part 4, p. 177 of the "Prophet Biography" (Al-Road Al-Anf'), Ibn Hisham says,
"According to Islamic law concerning prisoners of war, the decision is left to the Muslim Imam. He has the choice either to kill them or to exchange them for Muslim captives, or to enslave them. This is in regard to men, but women and children are not permitted to be killed, but must be exchanged (to redeem Muslim captives) or enslaved - take them as slaves and maids."
This is the statement of Ibn Hisham, on whom all Muslims and students of Muhammad's biography rely. Of course, these matters which Ibn Hisham recorded used to take place continuously in all of Muhammad's wars and invasions. All of Muhammad's people (his wives, and Muhammad himself) owned many slaves - males and females. In his campaign against the children of Qurayza (the Jewish tribe), Muhammad killed all the males (700-900) in one day. Then, he divided the women and the children among his people.
The Caliphs across the ages followed Muhammad's footsteps and enslaved (by hundreds and thousands) men and women who were captured in wars. Many of them were Persians and Byzantines. All the Islamic Chroniclers without exception have recorded these facts. The way Arab Muslims invaded Africa and killed and enslaved Africans is a well-known, historical fact.
In Vol. 2, Part 3, p. 13, Malik Ibn Anas repeated the same text as did Ibn Hisham who is also quoted by Ibn Timiyya, and Ibn Qayyim al-Jawziyya in his book, "Zad al-Ma'ad" (part 3, p. 486). All of them taught the same principle and said the same words.
This question was delivered to Ibn Timiyya who was Mufti of Islam (Vol. 31, pp. 376, 377),
"A man married a maid-slave who bore him a child. Would that child be free or would he be an owned slave?"
Ibn Timiyya says emphatically,
"Her child whom she bore from him would be the property of her master according to all the Imams (heads of the four Islamic schools of law) because the child follows the (status) of his mother in freedom or slavery. If the child is not of the race of Arabs, then he is definitely an owned slave according to the scholars, but the scholars disputed (his status) among themselves if he was from the Arabs - whether he must be enslaved or not because when A'isha (Muhammad's wife) had a maid-slave who was an Arab, Muhammad said to A'isha, `Set this maid free because she is from the children of Ishmael.'"
Then Ibn Timiyya states (Vol. 31, p. 380) that the legist Abu Hanifa says,
"Muhammad is an Arab; thus it is not admissible to enslave Arabs because of the nobility of this race since Muhammad is from them."
Yet other scholars disagree with him, emphasizing that Muhammad (in one of his campaigns) enslaved Arabs, too. However, it is evident from Muhammad's traditions that he regarded Arabs to be the noblest race, especially the Quraysh, his tribe. His famous saying (that the caliphs must be elected from the Quraysh tribe) is acknowledged by all translators of the tradition without exception.

He should have told A'isha,

"Set her free because she is a human being like you. It is not important whether she is a descendant of Ishmael or of Isaac!"

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