nikama
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Chapter Five
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
"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."
On Matters Of Sex And Marriage -
1. The Slave cannot choose for himself.
This was confirmed by all the Muslim scholars on the authority of Muhammad. In Vol. 6, Part 9, p. 467, Ibn Hazm said,
"If a slave gets married without the permission of his master, his marriage will be invalid and he must be whipped because he has committed adultery. He must be separated from his wife. She is also regarded as an adulteress because Muhammad said, `Any slave who gets married without the approval of his master is a prostitute.'"
The same text is quoted by Ibn Qayyim al-Jawziyya (Part 5, p. 117 of "Zad al-Maad"), as well as Ibn Timiyya (Vol. 32, p. 201). Malik Ibn Anas relates (Vol. 2, Part 4) more than that. He says (pp. 199, 201, 206),
"The slave does not get married without the approval of his master. If he is a slave to two masters, he has to obtain the approval of both men."
2. The male slave and the female slave are forced to get married.
Malik Ibn Anas says explicitly,
"The master has the right to force his male or female slave to marry without obtaining their approval" (Vol. 2, p. 155).
Ibn Hazm says that Sufyan al-Thawri, too, has said that the master has the right to force his male or female slave to marry without securing their approval (Vol. 6, Part 9, p. 469). Ibn Timiyya is of the same opinion.
I must not fail in this regard to mention that Malik Ibn Ons, who (after agreeing with the other scholars that the master has the right to force his male or female slave to get married) added,
"The master does not have the right to force the female slave to wed to an ugly black slave if she is beautiful and agile unless in case of utmost necessity" (refer to Ibn Hazm, Vol. 6, Part 9, p. 469).
3. The Arab freeman does not marry a slave unless it is inevitable:
In Vol. 31, p. 383, Ibn Timiyya says,
"It is not permissible for the Arab freeman to marry an owned slave unless it is inevitable, such as being unable to get married to a free woman. If it happened and he were wed to a slave, her children would be slaves, too, because they follow (the status) of the mother in slavery."
Malik Ibn Anas notes,
"It is not allowable for a man to wed a slave besides his freewoman wife. In this case, his wife has the right to divorce him. Likewise, if he marries a freewoman while he is already married to a slave and he fails to tell her so, the freewoman has the right to leave him" (Malik, Vol. 2, p. 204).
What Would Happen If A Freewoman Married Her Slave?
Let us see the reaction of Umar Ibn Khattab in these situations. In Vol. 8, Part 11, pp. 248, 249, Ibn Hazm remarks,
"A woman was wed to her male slave. Umar intended to stone her, but instead he made them separate and sent the slave to exile. He told the woman, `It is unlawful for you to get married to your owned slave!' Another woman got married to her slave. Umar scourged her with a whip and forbade any man to marry her. Another time, a freewoman came to Umar and told him, `I am not a pretty woman and I have a slave to whom I would like to get married.' Umar refused to do so. He whipped the slave and ordered him to be sold in a foreign country. He told the woman, `It is unlawful for you to get married to what your right hand owns. Only men have the right to get wed to what their right hand owns. Even if you set him free in order to marry him and he becomes a freeman, the manumission will be invalid and the marriage is not valid."'
In matters of sex and marriage, Ibn Timiyya states:
"The one who owns the mother also owns her children. Being the master of the mother makes him the owner of her children whether they were born to a husband or they were illegitimate children. Therefore, the master has the right to have sexual intercourse with the daughters of his maid-slave because they are his property, provided he does not sleep with the mother at the same time" (Vol. 35, p. 54).