In the name of Allah most
gracious most merciful
Assalaamu alaykum wa
rahmatuallahi wa barakatuhu
SLAVERY IN QURAN & HADITH
& [HUMAN RIGHTS]
What brings slavery into
society is either from slave markets or war captives turned as slaves.
Jihad rulings & rulings on
taking war captives & slaves.
Firstly, The existence of Islamic
State or Reasons for Legality of waging war/jihad [to wage Jihad it does’nt
necessarily requires a pre-existent Islamic state ,if Islamic state is present then its fine, if its absent even then
jihad becomes valid provided the situation demands it].Jihad can be waged in
alliance with non-muslim state against Non-muslims & terms and conditions
can be laid down mutually but when it comes to establishing administration of
the conquered land only Islamic law will abide.
Secondly, The Islamic State is offering
other territories to join Islam or to have treaties on humanitarian grounds in
accordance with Islamic excellence &
those territories refuse all kinds of offers. Then Jihad will be
announced or if they announce war.
Thirdly, During a war,If inshallah
muslims win then spoils of war can be distributed by the Khalifa /the chief
& prisoners can be dealt it four ways.(a) They may be killed.(b)They may be
freed on ransom.(c)They may be freed generously as a favour.(d)They may be kept
as slaves.Women are basically not killed unless & until they are charged
with crimes.If both sides capture prisoners, and they exchange mutually, then
there are no slaves.
If captives are freed either
as favour or by ransom ,they can live unders Islamic law as Dhmmis or they may
choose live outside Islamic state.
4:74 Let those fight in the cause of Allah who sell the life of
this world for the Hereafter. To him who fighteth in the cause of Allah whether
he is slain or gets victory soon shall We give him a reward of great (value).
75 And why should ye not fight in the cause of Allah and of those
who being weak are ill-treated (and oppressed)? Men women and children whose cry is: "Our Lord! rescue us
from this town whose people are oppressors; and raise for us from Thee one who
will protect; and raise for us from Thee one who will help!"
76 Those who believe fight in the cause of Allah and those who
reject faith fight in the cause of evil: so fight ye against the friends of
Satan: feeble indeed is the cunning of Satan.
*Note:[One of the reasons for
jihad]
18:18 Those who listen to the Word and follow
the best (meaning) in it: those are the ones whom Allah has guided and those
are the ones endued with understanding.
9:71 The believers men and women are protectors one of another:
they enjoin what is just and forbid what is evil: they observe regular prayers
practice regular charity and obey Allah and His apostle. On them will Allah pour His mercy: for Allah
is Exalted in power Wise.
Islam Recognizes The Existence Of Slavery And
Propagates Its Emancipation.
16:71 Allah has bestowed His gifts of sustenance more freely on some of
you than on others; those more favored are not going to throw back their gifts
to those whom their right hands possess so as to be equal in that respect. Will they then deny the favors of Allah?
1.Slave markets :slave trade
in slave markets was majour source of economy ,an immediate order of
prohibition would have created immense social and economic problems. Such
problems pose burdensome threat to society/state to cater the needs of a large
number of slaves, who’s dependence was on various families. Also, the national
treasury was in no position to provide them all on a permanent basis. The old
& the young ones were incapable of supporting themselves. The only
alternative left for them, if they were instantly freed, would have been to
turn to beggary and become an economic burden for the society. The question of
slave girls and women was even more critical, keeping in view their own low
moral standards. Freeing them, all of a sudden, would have only resulted in a
tremendous increase in brothels.
2:When it comes to war
captives/slaves ,releasing them would have made the purpose of war null &
void.It would tear the spirit of muslims who willing fight at the risk of their
lives.Allah subhanawatala says subdue them,by means of ransoming some ,killing
some ,freeing some by favour &
keeping some as slaves.Had they been completely freed ,the evil minded
people would have created further mischief by attacking again or employing
other methods of mischief.
In todays world both cases are
still available.
Inshallah when Jihad will
occur, Inshallah then muslims will win & spoils of war will be distributed
by the Khalifah & in that property there will be Prisoners of war.They will
be subjected to any of these categories,Killed,freed,ransomed,enslaved
depending on the demand of the situation.
Difference Between Slaves And
Prisoners.
To better understand slavery
in todays world is to compare it with the case of prisoners in jail.Islam gives
slaves the equal or better right on food .while prisoners are not treated with
such care.Equal clothing for slaves as of the masters is commanded ,Prisoners
do not get such treatment.Slaves can earn their freedom but prisoners cannot
.Slaves can marry & start a family but prisoners cannot start a family.Slaves
can have property but prisoners cannot have property.A master can sell the
slave to another person but he should not separate families but a prisoner is
separated from his family.hence keeping a slave can become burden on Islamic
state,this is a subtle way of discouraging slavery.
Further Reason For Both Freeing Slaves &
Enslavery.
1. In the early Makkan period,
it pronounced that slave emancipation was a great deed of piety. The very
initial Makkan surahs appealed to the Muslims to liberate as many slaves as
they could.
2. The Prophet (sws),
unequivocally, directed the Muslims to raise the standard of living of the
slaves and bring it equal to their own standard. This, of course, was meant to
discourage people from persisting with them.
3. For the atonement of many sins manumission of Muslim slaves was divinely ordained.
4. All slave men and women who
could support themselves in the society were directed to marry one another, in
order to raise their moral and social status.
5. A permanent head in the
public treasury was fixed to set free slave men and women.
6. Prostitution, which was
largely carried out through slave women, who were mostly forced by their
masters do so, was totally prohibited.
7. The affronting names of
‘abd (slave-man) and amah (slave-woman) by which slave men and women were
called, were abrogated so that people should stop regarding them as slaves. In
their place, the words fata (boy) and fatat (girl) were introduced.
8. Finally, the law of
mukatibat provided very easy access for the slaves to the gateway to freedom.
Every slave who was capable of supporting himself was allowed by law to free
himself, provided that he/she either gave a certain monetary amount to his
master or carried out certain errands for him. After this, he/she could live as
a free man/woman. A special head in the treasury was fixed for this purpose;
also, wealthy people were urged to help the slaves in this regard. The net
result of this law was that only handicapped and old slaves were left to be
provided for by their masters, which not only went in their own favour but also
prevented them from becoming an economic burden on the society.
Spoils Of War Will Be Handled
By Prophet Muhammad pbuh And After His Demise By The Khalifah’s/Caliphs
8:1 They ask thee concerning (things taken as) spoils of
war. Say: "(Such) spoils are at
the disposal of Allah and the apostle: so fear Allah and keep straight the
relations between yourselves: obey Allah and His apostle if ye do
believe."
8:41 And know that out of all the booty that ye
may acquire (in war) a fifth share is assigned to Allah and to the apostle and
to near relatives orphans the needy and the wayfarer if ye do believe in Allah
and in the revelation We sent down to Our servant on the day of testing the day
of the meeting of the two forces. For
Allah hath power over all things.
33:26 And those of the people of the Book who aided them Allah did take them down from their strongholds and cast terror into their hearts (so that) some ye slew and some ye made prisoners.
*Note:Prisoners release is possible either by ransom,freeing by favour.But if they are enslaved then if they want freedom then they’ll have to buy it by making a contract where in a specified amount has to be paid by the slave to the master.The slave will be permitted to earn & save money .
3.GENEROSITY/FREE OR 4.RANSOM
47:4 Therefore, when ye meet
the Unbelievers (in fight), smite at their necks; At length, when ye have
thoroughly subdued them, bind a bond firmly (on them): thereafter (is the time
for) either generosity or ransom: Until the war lays down its burdens. Thus
(are ye commanded): but if it had been Allah.s Will, He could certainly have
exacted retribution from them (Himself); but (He lets you fight) in order to
test you, some with others. But those who are slain in the Way of Allah,- He
will never let their deeds be lost.
Slaves will be treated according to their conduct because they come from the enemy camp.
8:70 O apostle! say to those who are captives in your hands:
"If Allah findeth any good in your hearts He will give you something
better than what has been taken from you and He will forgive you: for Allah is
Oft-Forgiving Most Merciful."
71
But
if they have treacherous designs against thee (o apostle!) they have already
been in treason against Allah and so hath He given (thee) power over them and
Allah is He who hath (full) knowledge and wisdom.
*Note:The captives can either
remain slaves or freed.The decision is solely made by the khalifah/chief.
8:67 It is not fitting for an apostle that he should have prisoners
of war until he hath thoroughly subdued the land. Ye look for the temporal goods of this world; but Allah looketh
to the hereafter; and Allah is Exalted in might Wise.
[Taking prisoners of
war/slaves is permitted after subduding the land.]
9:29 Fight those who believe not in Allah nor the Last Day nor hold
that forbidden which hath been forbidden by Allah and His apostle nor
acknowledge the religion of truth (even if they are) of the People of the Book
until they pay the Jizya with willing submission and feel themselves subdued.
*Note:[These are the
oppressors who themselves disbelieved & further oppressed the believers for
their faith.They’re told to pay Jizya ,it is a protection tax,it cannot be
taken from prisoners/slaves but from people living with freedom under Islamic
law,they are called Dhmmi’s]
A Deed In Writing (to enable them to earn their freedom for a certain sum)
24:33 Let those who find not the wherewithal
for marriage keep themselves chaste until Allah gives them means out of His
grace. And if any of your slaves ask
for a deed in writing (to enable them to earn their freedom for a certain sum)
give them such a deed if ye know any good in them; yea give them something yourselves
out of the means which Allah has given to you.
But force not your maids to prostitution when they desire chastity in
order that ye may make a gain in the goods of this life. But if anyone compels them yet after such
compulsion is Allah Oft-Forgiving Most Merciful (to them).
4:94 O ye who believe! when ye go abroad in the cause of Allah
investigate carefully and say not to anyone who offers you a salutation:
"Thou art none of a believer!"
Coveting the perishable goods of this life: with Allah are profits and
spoils abundant. Even thus were ye
yourselves before till Allah conferred on you His favors: therefore carefully
investigate for Allah is well aware of all that ye do.
*A note further:Non–muslim
captives/slaves if they accept Islam then they become muslim captives/slaves.]
4:5 O you who believe! Obey
Allah, and obey the Messenger, and those charged with authority among you. If
you differ in anything among yourselves, refer it to Allah and His Messenger, if
you do believe in Allah and the Last Day; That is best, and most suitable for
final determination.
*Note:[It’s the Khalifah
[caliph] who will decide what to do with prisoners,whether they’ll be slaves or
they’ll be freed or ransom should be taken to free them or to permit them to
live under Islamic rule by taking Jizya[protection tax],The Khalifa will decide
what to do with spoils of war,he distributes the spoils,property,slaves.
4:36 Serve Allah and join not any partners with Him: and do good to
parents kinsfolk orphans those in need neighbors who are near neighbors who are
strangers the companion by your side the way-farer (ye meet) and what your
right hands possess: for Allah loveth not the arrogant the vainglorious;
*Note:[Right hands posses are
muslims & nonmuslims regardless of any age group]
Be Kind To Non-Muslims.
60:8 Allah forbids you not with regard to those who fight you not
for (your) Faith nor drive you out of your homes from dealing kindly and justly
with them: for Allah loveth those who are just.
9 Allah only forbids you with regard to those who fight you for
(your) Faith and drive you out of your homes and support (others) in driving
you out from turning to them (for friendship and protection). It is such as
turn to them (in these circumstances) that do wrong.
*Note:[Allah subhanawatala
teaches Muslims to be good to all non-muslims]
2:256 Let there be no compulsion in
religion. Truth stands out clear from
error; whoever rejects evil and believes in Allah hath grasped the most
trustworthy hand-hold that never breaks.
And Allah heareth and knoweth all things.
*Note:[With this verse its
clear that none can force anyone to accept Islam hence no one can force slaves
to accept Islam]
76:8 And they feed for the love of Allah the indigent the orphan
and the captive
*Note:[Allah loves muslims who
are good to indigents,orphans,captives]
4:36 Serve Allah and join not any partners with Him: and do good to
parents kinsfolk orphans those in need neighbors who are near neighbors who are
strangers the companion by your side the way-farer (ye meet) and what your
right hands possess: for Allah loveth not the arrogant the vainglorious;
50:8 Have We not made for him a pair of eyes?
9 And a tongue and a pair of lips?
10 And shown him the two highways?
11 But he hath made no haste on the path that is steep.
12 And what will explain to thee the path that is steep?
13 (It is:) freeing the bondman;
14 Or the giving of food in a day of privation
15 To the orphan with claims of relationship
16 Or to the indigent (down) in the dust.
17
Then
will he be of those who believe and enjoin patience (constancy and
self-restraint) and enjoin deeds of kindness and compassion.
4:92 Never should a believer kill a believer; but (if it so happens)
by mistake (compensation is due): if one (so) kills a believer it is ordained
that he should free a believing slave and pay compensation to the deceased's
family unless they remit it freely. If
the deceased belonged to a people at war with you and he was a believer the
freeing of a believing slave (is enough).
If he belonged to a people with whom ye have a treaty of mutual alliance
compensation should be paid to his family and a believing slave be freed. For those who find this beyond their means
(is prescribed) a fast for two months running: by way of repentance to Allah:
for Allah hath all knowledge and all wisdom.
Note: (a)If by a believer by mistake kills another believer then free a believing slave & compensation to deseased family unless they remit it.
(b) . If the deceased belonged to a people at war with you and he was a
believer the freeing of a believing slave (is enough).
(c) ). If he belonged to a people with whom ye have
a treaty of mutual alliance compensation should be paid to his family and a
believing slave be freed.
(d) . For those who find this beyond their means
(is prescribed) a fast for two months running:
5:88 Eat of the things which Allah hath provided for you lawful and
good: but fear Allah in Whom ye believe.
89
Allah
will not call you to account for what is futile in your oaths but He will call
you to account for your deliberate oaths: for expiation feed then indigent
persons on a scale of the average for the food of your families; or clothe
them; or give a slave his freedom. If
that is beyond your means fast for three days.
That is the expiation for the oaths ye have sworn. But keep to your oaths. Thus doth Allah make clear to you His Signs
that ye may be grateful.
*Note:Again freeing of slave .
58:2 If any men among you divorce their wives by Zihar (calling
them mothers) they cannot be their mothers: none can be their mothers except
those who gave them birth. And in fact
they use words (both) iniquitous and false: but truly Allah is one that blots
out (sins) and forgives (again and again).
3 But those who divorce their wives by Zihar then wish to go
back on the words they uttered (it is ordained that such a one) should free a
slave before they touch each other: this are ye admonished to perform: and
Allah is well-acquainted with (all) that ye do.
*Note:[Freeing of slave]
[an old Pagan custom: the formula was known as Zihar, and consisted of the words "Thou art to me as the back of my mother". This was hold by Pagan custom to imply a divorce and freed the husband from any responsibility for conjugal duties. Such a custom was in any case degrading to a woman. If Zihar were to be ignored as if the words were never uttered, it would mean that men may foolishly resort to it without penalty. It is therefore recognised in respect of the penalty which the man incurs, but safeguards the woman's rights. She can sue for maintenance for herself. If it was a hasty act and he repented of it, he could not claim his conjugal rights until after the performance of his penalty]
2:177 It is not righteousness
that ye turn your faces Towards east or West; but it is righteousness- to
believe in Allah and the Last Day, and the Angels, and the Book, and the
Messengers; to spend of your substance, out of love for Him, for your kin, for orphans,
for the needy, for the wayfarer, for those who ask, and for the ransom of
slaves; to be steadfast in prayer, and practice regular charity; to
fulfil the contracts which ye have made; and to be firm and patient, in pain
(or suffering) and adversity, and throughout all periods of panic. Such are the
people of truth, the Allah-fearing.
Marriage With Slaves Girls
25:54 It is He Who has created man from water: then
has He established relationships of lineage and marriage: for thy Lord has
power (over all things).
*Note:[One cannot have a
relationship outside marriage]
33:50 O prophet! We have made lawful to thee
thy wives to whom thou hast paid their dowers; and those whom thy right hand
possesses out of the prisoners of war whom Allah has assigned to thee; and
daughters of thy paternal uncles and aunts and daughters of thy maternal uncles
and aunts who migrated (from Mecca) with thee; and any believing woman who
dedicates her soul to the Prophet if the Prophet wishes to wed her this only
for thee and not for the Believers (at large); We know what We have appointed
for them as to their wives and the captives whom their right hands possess in
order that there should be no difficulty for Thee. And Allah is Oft-Forgiving Most Merciful.
[One has to marry the slave
& give dower .Prophet Muhammad peace be upon him was permitted to marry as
he used to marry to support women mainly widows,divorces,to unite clans etc]
33:52 It is not lawful for thee (to marry more)
women after this nor to change them for (other) wives even though their beauty
attract thee except any thy right hand should possess (as handmaidens): and
Allah doth watch over all things.
[Later Prophet Muhammad was
commanded not to marry any freewomen but only slave women later]
25: 32 Those who reject Faith say: "Why is
not the Qur'an revealed to him all at once?" Thus (is it revealed) that We
may strengthen thy heart thereby and We have rehearsed it to thee in slow
well-arranged stages gradually.
33 And no question do they bring to thee but We reveal to thee
the truth and the best explanation (thereof).
*[Note”Because the Quran was
revealed in stages hence previous injuction was to marry & later not to marry but only slave women].
4:24 Also (prohibited are) women already married except those whom
your right hands possess(women whom you rightfully possess,the captives of
war). Thus hath Allah ordained
(prohibitions) against you: except for these all others are lawful provided ye
seek (them in marriage) with gifts from your property desiring chastity not
lust. Seeing that ye derive benefit
from them give them their dowers (at least) as prescribed; but if after a dower
is prescribed ye agree mutually (to vary it) there is no blame on you and Allah
is All-Knowing All-Wise.
*Note:[Married muslim captive
women who willingly agree to marry after the iddah period]
2:221 Do not marry unbelieving women
(polytheists) until they believe; a slave woman who believes is better than an
unbelieving woman even though she allure you.
Nor marry (your girls) to unbelievers until they believe: a man slave
who believes is better than an unbeliever even though he allure you. Unbelievers do (but) beckon you to the
fire. But Allah beckons by His grace to
the Garden (of Bliss) and forgiveness and makes His Signs clear to mankind:
that they may celebrate His praise.
*Note:[Marrying free unbelievers
is not allowed in Islam whether male or female but marrying non-muslim slave
girls is permitted as long as they remain slaves]
4:19 O ye who believe! ye are forbidden to inherit women against
their will. Nor should ye treat them
with harshness that ye may take away part of the dower ye have given them
except where they have been guilty of open lewdness; on the contrary live with
them on a footing of kindness and equity.
If ye take a dislike to them it may be that ye dislike a thing and Allah
brings about through it a great deal of good.
*Note:[Its forbidden to
inherit women against their will,whether freewomen or slave women,a slave woman
can earn her freedom for a specified amount by mutual consultation between the
slave and the master].
24:33 Let those who find not the wherewithal for
marriage keep themselves chaste until Allah gives them means out of His
grace. And if any of your slaves ask
for a deed in writing (to enable them to earn their freedom for a certain sum)
give them such a deed if ye know any good in them; yea give them something
yourselves out of the means which Allah has given to you. But force not your maids to prostitution
when they desire chastity in order that ye may make a gain in the goods of this
life. But if anyone compels them yet
after such compulsion is Allah Oft-Forgiving Most Merciful (to them).
*Note:[With this verse its
clear that none can force their slave girls into prostitution but if anyone
compels them then even after such compulsion Allah subhanawatala is forgiving
to such women.
4:25 If any of you have not the means wherewith to wed free
believing women they may wed believing girls from among those whom your right
hands possess: and Allah hath full knowledge about your faith. Ye are one from another: wed them with the
leave of their owners and give them their dowers according to what is
reasonable: they should be chaste not lustful nor taking paramours: when they
are taken in wedlock if they fall into shame their punishment is half that for
free women. This (permission) is for
those among you who fear sin; but it is better for you that ye practice
self-restraint: and Allah is Oft-forgiving Most Merciful.
*note:[Ye are one from another
means these captive/slaves are not low category ,they are common people,so they
are not to be considered of low category or inferior.Marrying them is
allowed.Just because they are slaves & do not have freedom they shall not
be subjected to debasement ,if they fall into shame(adultery) their punishment
half of the punishment of freeperson.
24:58 O ye who believe! let those whom your
right hands possess and the (children) among you who have not come of age ask
your permission (before they come to your presence) on three occasions before
morning prayer; the while ye doff your clothes for the noonday heat; and after
the late-night prayer: these are your three times of undress: outside those
times it is not wrong for you or for them to move about attending to each
other: thus does Allah make clear the Signs to you: for Allah is full of
knowledge and wisdom.
*Note:[The slaves or right
hand posses are working ,doing household work]
49:9 If two parties among the Believers fall into a quarrel make ye
peace between them: but if one of them transgresses beyond bounds against the
other then fight ye (all) against the one that transgresses until it complies
with the command of Allah; but if it complies then make peace between them with
justice and be fair: for Allah loves those who are fair (and just).
10 The believers are but a single Brotherhood: So make peace and
reconciliation between your two (contending) brothers: And fear Allah that ye
may receive Mercy.
*Note:[Believing slaves can be
made from the loser’s side & their property can be taken as spoils of
war.For ex,when Ali [r.a] refused to give spoils of war to khwarijites
including everyone because ummul mumineen/mother of believers was among the
defeated group & she could not be made a slave]
Finally slavery is not
encouraged.The solution Allah gives in Quran is to free them .But what
situation demands is most important,If muslims suffered heavy losses and they
need man power to rebuild the infrastructure then they can make the prisoners
as slaves and take work from them for specified purpose/time/work.If muslims
feel providing equal status is heavy burden to economy then they can be freed
for ransom or as favour .If they are rebellious then they can be killed.A
khalifah or chief is the one who decides what should be done with the captures
ones.Any or all the laws can be applied depending upon the conditions of the state/captives
etc.
Al-Tirmidhi HadithHadith
3373 Narrated byAbdullah ibn Mas'ud
When captives were brought to
the Prophet (peace be upon him) he gave away families together through dislike
of separating them.
Ibn Majah transmitted it.
Sahih Al-Bukhari HadithHadith
7.552 Narrated byAbu Muisa Al Ashari
The Prophet said, "Feed
the hungry, visit the sick, and set free the captives."
Sahih Al-Bukhari HadithHadith
7.103 Narrated byAbu Musa
The Prophet said, "Set
the captives free, accept the invitation (to a wedding banquet), and visit the
patients."
Sunan of Abu-DawoodHadith
2899 Narrated byAbdullah ibn Abbas
A man died leaving no heir but
a slave whom he had emancipated. The Apostle of Allah (peace be upon him)
asked: Has he any heir? They replied: No, except a slave whom he had
emancipated. The Apostle of Allah (peace be upon him) assigned his estate to
him (the emancipated slave).
Sahih Al-Bukhari HadithHadith
8.841 Narrated byAbu Huraira
I heard Abu-l-Qasim (the
Prophet) saying, "If somebody slanders his slave and the slave is free
from what he says, he will be flogged on the Day of Resurrection unless the
slave is really as he has described him."
Sahih Muslim HadithHadith
4081 Narrated byMu'awiyah ibn Suwayd
I slapped a slave belonging to
us and then fled away. I came back just before noon and offered prayer behind
my father. He called him (the slave) and me and said: Do as he has done to you.
He granted pardon. He (my father) then said: We belonged to the family of
Muqarrin during the lifetime of Allah's Messenger (peace be upon him), and had
only one slave girl and one of us slapped her. This news reached Allah's
Apostle (peace be upon him) and he said: Set her free. They (the members of the
family) said: There is no other servant except she. Thereupon he said: Then
employ her and when you can afford to dispense with her services, then set her
free.
Sunan of Abu-DawoodHadith
2946 Narrated byAisha, Ummul
Mu'minin
The Prophet (peace be upon
him) was brought a pouch containing
bead and divided it among free women and slave women. Aisha said: My father
used to divide things between free men and slave.
Sunan of Abu-DawoodHadith
4101 Narrated byAbdullah ibn Amr ibn
al-'As
The Prophet (peace be upon
him) said: When one of you marries his male-slave to his slave-woman, he should
not look at her private parts.
Sunan of Abu-DawoodHadith
4501 Narrated bySamurah
The Prophet (peace be upon
him) Said: If anyone kills his slave, we shall kill him, and if anyone cuts off
the nose of his slave, we shall cut off his nose.
Sahih Muslim HadithHadith
4086 Narrated byAbuMas'ud al-Ansari
I was beating my slave with a
whip when I heard a voice behind me: Understand, AbuMas'ud; but I did not recognise
the voice due to intense anger. He (AbuMas'ud) reported: As he came near me (I
found) that he was the Messenger of Allah (peace be upon him) and he was
saying: Bear in mind, AbuMas'ud, bear in mind, AbuMas'ud. He (AbuMas'ud) said:
I threw the whip from my hand. Thereupon he (the Prophet) said: Bear in mind,
AbuMas'ud; verily Allah has more dominance upon you than you have upon your
slave. I (then) said: I would never beat my servant in future.
Sahih Al-Bukhari HadithHadith
3.731 Narrated byAbu Huraira and
Zaid bin Khalid
The Prophet said, "If a
slave-girl (Ama) commits illegal sexual intercourse, scourge her; if she does
it again, scourge her again; if she repeats it, scourge her again." The narrator
added that on the third or the fourth offense, the Prophet said, "Sell her
even for a hair rope."
Sahih Al-Bukhari HadithHadith
1.29 Narrated byAl Marur
At Ar-Rabadha I met Abu Dhar
who was wearing a cloak, and his slave, too, was wearing a similar one. I asked
about the reason for it. He replied, "I abused a person by calling his
mother with bad names." The Prophet said to me, 'O Abu Dhar! Did you abuse
him by calling his mother with bad names? You still have some characteristics of
ignorance. Your slaves are your brothers and Allah has put them under your
command. So whoever has a brother under his command should feed him of what he
eats and dress him of what he wears. Do not ask them (slaves) to do things
beyond their capacity (power) and if you do so, then help them.' "
Sahih Muslim HadithHadith
4095 Narrated byAbuHurayrah
Allah's Messenger (peace be
upon him) said: It is essential to feed the slave, clothe him (properly) and
not burden him with work which is beyond his power.
Sahih Al-Bukhari HadithHadith
7.137
Narrated byAbu Said Al Khudri
We got female captives in the war booty and we used to do coitus interruptus
with them. So we asked Allah's Apostle about it and he said, "Do you
really do that?" repeating the question thrice, "There is no soul
that is destined to exist but will come into existence, till the Day of
Resurrection."
Al-Muwatta Hadith Hadith 38.12
Malik related to me that he
had heard that Abdullah ibn Umar was asked whether a slave could be bought on
the specific condition that it was to be used to fulfil the obligation of
freeing a slave, and he said, "No."
Malik said, "That is the
best of what I have heard on the obligation of freeing slaves. Someone who has
to set a slave free because of an obligation on him, may not buy one on the
condition that he sets it free because if he does that, whatever he buys is not
completely a slave because he has reduced its price by the condition he has
made of setting it free."
Malik added, "There is no
harm, however, in someone buying a person expressly to set him free."
Malik said, "The best of
what I have heard on the obligation of freeing slaves is that it is not
permitted to free a christian or a jew to fulfil it, and one does not free a
mukatab or a mudabbar or an umm walad or a slave to be freed after a certain
number of years, or a blind person. There is no harm in freeing a christian,
jew, or magian voluntarily, because Allah, the Blessed, the Exalted, said in
His Book, 'either as a favour then or by ransom,' (Sura 47 ayat 4) The favour
is setting free."
Malik said, "As for
obligations of freeing slaves which Allah has mentioned in the Book, one only
frees a mumin slave for them."
Malik said, "It is like that
in feeding poor people for kaffara. One must only feed muslims and one does not
feed anyone outside of the deen of Islam."
Sahih Al-Bukhari HadithHadith
3.757
Narrated byAl Miswar bin
Makhrama and Marwan When the delegates of the tribe of Hawazin came to the
Prophet he stood up amongst the people, glorified and praised Allah as He
deserved, and said, "Then after: Your brethren have come to you with
repentance and I see it logical to return to them their captives; so whoever
amongst you likes to do that as a favor, then he can do it, and whoever of you
like to stick to his share till we give him his right from the very first Fai (war booty) (1) which Allah will
bestow on us, then (he can do so)." The people replied, "We do that
(to return the captives) willingly as a favor for your sake."
Al-Muwatta Hadith Hadith 28.38a
Malik said, "It is not
halal to marry a christian or jewish slave-girl because Allah the Blessed, the
Exalted, said in His Book, 'Believing women who are muhsanat and women of those
who were given the Book before you who are muhsanat', (sura 5 ayat 6) and they
are free women from the Christians and Jews. Allah, the Blessed, the Exalted,
said in His Book, 'If you are not affluent enough to marry believing women who
are muhsanat, take believing slave-girls whom your right hands own.' "
(Sura 4 ayat 25)
Malik said, "In our
opinion, Allah made marriage to believing slave-girls halal, and He did not
make halal marriage to christian and jewish slave-girls from the People of the
Book."
Malik said, "The
christian and jewish slave-girl are halal for their master by right of
possession, but intercourse with a magian slave-girl is not halal by the right
of possession."
*Note:Its impermissible to
marry slave girls of people of the book when muslim unmarried slave girls are
in the community ,the priority must be to marry and support Muslim female
slaves as they cannot marry non-muslims whether free men or slaves.
Al-Muwatta Hadith Hadith 28.40
Muhsanat
Yahya related to me from Malik
from Ibn Shihab, and he had heard from al-Qasim ibn Muhammad that they said,
"When a free man marries a slave-girl and consummates the marriage, she
makes him muhsan."Malik said, "All (of the people of knowledge) I
have seen said that a slave-girl makes a free man muhsan when he marries her
and consummates the marriage."Malik said, "A slave makes a free woman
muhsana when he consummates a marriage with her and a free woman only makes a slave
muhsan when he is freed and he is her husband and has had sexual relations with
her after he has been set free. If he parts from her before he is free, he is
not a muhsan unless he marries her after having been set free and he
consummates the marriage."Malik said, "When a slave-girl is married
to a free man and then he separates from her before she is set free, his
marriage to her does not make her muhsana. She is not muhsana until she has
married after she has been set free and she has had intercourse with her
husband. That gives her ihsan. If she is the wife of a freeman and then she is
set free while she is his wife before he separates from her, the man makes her
muhsana if he has intercourse with her after she has been set free."Malik
said, "The christian and jewish free women and the muslim slave-girl all
make a muslim free man muhsan when he marries one of them and has intercourse
with her."
Al-Tirmidhi HadithHadith 3321 Narrated byAbdullah ibn Amr ibn al-'As
The Prophet (peace be upon
him) said, "There are four types of women with whom there can be no
cursing: a Christian woman married to a Muslim, a Jewess married to a Muslim, a
free woman married to a slave, and a slave woman married to a freeman."
Ibn Majah transmitted it.
Al-Tirmidhi HadithHadith 3394 Narrated byAbdullah ibn Abbas
The Prophet (peace be upon
him) said, "When a man's slave woman bears him a child she becomes free at
his death."
Darimi transmitted it.
Force not your maids to
prostitution
Sunan of Abu-DawoodHadith 2304 Narrated byJabir ibn Abdullah
Musaykah, a slave-girl of some
Ansari, came and said: My master forces me to commit fornication. Thereupon the
following verse was revealed: "But force not your maids to prostitution
(when they desire chastity)."
Sunan of Abu-DawoodHadith 2690 Narrated byAli ibn AbuTalib
Ali separated between a
slave-girl and her child. The Prophet (peace be upon him) prohibited it and
made the sale transactions withdrawn.
Sahih Muslim HadithHadith 3432 Narrated byAbuSa'id al-Khudri
At the Battle of Hunayn
Allah's Messenger (peace be upon him) sent an army to Awtas and encountered the
enemy and fought with them. Having overcome them and taken them captives, the
Companions of Allah's Messenger (peace be upon him) seemed to refrain from
having intercourse with captive women because of their husbands being
polytheists. Then Allah, Most High, sent down regarding that: "And women
already married, except those whom your right hand possess (iv.24)" (i.e.
they were lawful for them when their Iddah period came to an end).
*Note:Their Husbands were
polytheists,and so they were also polytheists slave women , Allah subhanawatala
has forbidden marriage with polytheists free women[2:221].With this it was
approved to marry ,married women provided they are war captives.
Sahih Al-Bukhari HadithHadith 5.447 Narrated byAbu Said Al Khudri
The people of (Banu) Quraiza
agreed to accept the verdict of Sad bin Mu'adh. So the Prophet sent for Sad,
and the latter came (riding) a donkey and when he approached the mosque, the
Prophet said to the Ansar, "Get up for your chief or for the best among
you." Then the Prophet said (to Sad), "These (i.e. Banu Quraiza) have
agreed to accept your verdict." Sad said, "Kill their (men) warriors
and take their offspring as captives, "On that the Prophet said, "You
have judged according to Allah's Judgment," or said, "according to
the King's judgment."
WITH THIS...Together with
human dignity and honor comes freedom to live, the right to be respected on an
equal basis before the law and to enjoy equal social
treatment. Islam (Submission)
stresses the equality of mankind as God created man from a common source and
the only allegiance and obedience is to God, the Almighty creator. Islam has
never condoned any form of discrimination. The only thing that sets men apart
is their righteousness.
Taking prisoners of war and
making them slaves or feeing them by ransom or talking Jizya from them is
permitted.For Example :Muslims can use services by making them work for the
rebuilding the infrastructure,reconstructions in the aftermath of war.
Allah knows best.