Condemnation of Slavery in
Islam
Shehzad Saleem
Among many other misconceptions about Islam
is the notion that it gives sanction to slavery and permits its followers
to enslave prisoners of war, particularly women, and establish
extra-marital relations with them. We strongly affirm that Islam has not
the slightest link with slavery and concubinage. On the contrary, it
completely forbids these practices. It is quite outrageous to associate
such barbarities with a religion revealed to upgrade humanity.
The point which needs to be appreciated and
which, perhaps, is the real cause of the misconception is that Islam had
adopted a gradual process to abolish the institution of slavery because of
the social conditions prevalent in Arabia at that time. It must be kept in
mind that slavery was an integral part of the pre-Islamic Arab society.
There were scores of slave men and women in almost every house. This was
largely due to two reasons: First, during those times, the standard
practice of dispensing with prisoners of war was to distribute them among
the army who captured them. Second, there were extensive slave markets in
Arabia in that period where free as well as men and women of all ages were
sold like animals.
In these circumstances, in which slavery
had become an essential constituent of the Arab society, Islam adopted a
gradual way to eliminate it. An immediate order of prohibition would have
created immense social and economic problems. It would have become
impossible for the society to cater for the needs of a large army of
slaves, who were, otherwise, dependent on various families. Also, the
national treasury was in no position to provide them all on a permanent
basis. A large number among them were old and 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.
Perhaps, the reason behind this gradual
eradication can be understood better if one considers the position which
interest occupies in our economy today. No one can refute that our
national economic structure is interest oriented. How the parasite of
interest has crippled the national economy is apparent to every keen eye.
However, there is no denying the fact that without it our present economic
system cannot sustain itself. Every reasonable person will acknowledge
that today if a government wishes to rid the economy from this menace
then, in spite of its utter prohibition in Islam, it will have to adopt a
gradual methodology. During this interim period interest oriented deals
will have to be tolerated and temporary laws will have to be enacted to
handle them, just as the Qur’an had given certain provisional directives
about slaves during the interim period of their gradual eradication. An
alternative economic framework will have to be steadily incorporated in
place of the existing one. A sudden abolition, without another parallel
base, will only hasten the total collapse of the economic system, which,
of course, will be disastrous for the country.
To avert a similar disaster and to ward off
a similar catastrophe, Islam had adopted a progressive and a gradual
scheme, fourteen hundred years ago, to do away with the inhuman
institution of slavery. Following are some of the measures it took in this
regard:
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 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 to do so,
was totally prohibited.
7. The affronting names of `abd and amah 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 either gave a certain monetary amount to his master or
carried out certain errands for him. After this, he could live as a free
man. 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.
As far as the case of prisoners of war was
concerned, the Qur’an directed the Muslims to set them free, either as a
favour or against some ransom. There was to be no second option:
When you meet the unbelievers in the
battlefield, strike off their heads, and when you have thoroughly subdued
them, bind your captives firmly – then grant them their freedom (either
as a favour or) against some ransom – until the war lays down its armour.
(47:4)
How the Prophet (sws) went about obeying
this directive is a golden chapter of Islamic history, and we shall now
briefly describe some of its salient features.
It is a well known historical fact that in
the battle of Badr – the first main encounter with the Quraish – about
seventy prisoners were captured by the victorious Muslim army. Most of
these prisoners were freed against some ransom money, while those
who could not arrange for
this money were freed if they taught a certain number of children of the
tribe of Ansar how to write.
In the battle of Bani Mustaliq, the
prisoners captured were either freed in the battlefield as a favour while
some others were freed on ransom. The Prophet (sws) brought the remaining
prisoners to Medinah and while waiting for their families to procure them,
gave them into the temporary custody of his Companions. Among them was
Sayyidah Jawairiyah as well. Her father arrived with some camels as
ransom. The Prophet (sws) inquired about the two well-bred camels he had
hid behind. This astounded him so much – for he knew that there could be
no way that the Prophet (sws) could have had knowledge of them – that he
accepted faith. At this, Sayyidah Jawairiyah also accepted faith. The
Prophet proposed for her to which her father consented. Upon this, the
marriage was solemnised. The result of this marriage was that all the
remaining prisoners of war were set free by the Muslim soldiers, since
they thought that it was not appropriate to keep the Prophet’s in-laws
in captivity.
In the battle of Khaibar, after a peace
treaty had been concluded with the enemy, the Muslim forces came across
Safia binti Huyee – a helpless widow of an aristocratic family. Her
father, Huyee bin Akhtab – a prominent leader of the Jews had been
killed in the battle of Quraizah. The Prophet (sws) set her free and gave
her the option to go to back to her family or to marry him if she wanted.
Saffiyah showed her consent to marry the Prophet. The marriage
subsequently took place.
In the battle of Hunain, thousands of
prisoners were captured by the Muslim army. The Prophet (sws) waited for
many days for their people to come and fetch them but
they never turned up. At this, the Prophet (sws) returned to
Medinah and distributed them among the soldiers. However, after a lapse of
many days, their people showed up. The Prophet (sws) said that he had no
objection in giving away his share back to them but as far as the other
tribes were concerned, he could only appeal to them. Later on, almost all
the people surrendered their prisoners when the Prophet (sws),
subsequently, offered six camels for each prisoner from the spoils they
would obtain in the very next battle. This was enough for them to forfeit
their share as well.
Thus the Prophet (sws) throughout his reign
followed the Qur’anic directive of setting free the prisoners of war
either as a favour or against some ransom. However, there is, perhaps,
just one instance in the Prophet’s life which may become a source of
misconception in this regard. This was the battle with the Jewish tribe of
Banu Quraizah in which all the male prisoners were executed and the women
and children were made slaves. An analysis of the whole matter shows that
the Muslim army had surrounded their fortress for almost a month. At last,
they requested to appoint Sa’ad bin Mu’aaz (rta), the leader of the
tribe of Aus, as an arbitrator and promised to willingly accept his
decision. They reckoned that since they had remained the allies of the
Aus, Sa’ad would be lenient to them in his decision. But Sa’ad bin
Mu‘azz, much to their dismay, gave his decision in accordance with the
Jewish Shariah. According to the Jewish Shariah, the male prisoners were
to be executed while the women and children were to be enslaved1. It is,
therefore, clear that the Islamic Shariah could not have come to their
rescue in this regard since they were dealt with according to their own
law by a person they themselves had appointed as an arbitrator.
During the term of the Rightly Guided
Caliphate also, the practical abolition of the institution of slavery
continued with full force. However, in spite of all these extensive
measures spanning almost half a decade, it is known fact that it was not
until the turn of this century that mankind was actually able to rid
itself completely of this institution. We believe the reason for this must
be sought in the social complexities which exist in a community. It is
extremely difficult to eradicate customs and traditions which are deeply
rooted in a society. The society, as a whole did not accept the
reformation started by Islam. A similar instance can be observed in the
case of the political set up envisaged by Islam. It totally condemned the
institution of dictatorship in which a despotic ruler and his few henchmen
exercised absolute powers. It established a government which was
democratic in the sense that it came into power by a majority mandate.
Throughout the term of the Rightly Guided Caliphate this principle
remained in force for the election of the ruler. However, after the end of
the Rightly Guided Caliphate, the Arab society rejected this system and
reverted to dictatorship.
(1) When
you march up to attack a city, make its people an offer of peace. If they
accept and open their gates, all the people in it shall be subject to
forced labour and shall work for you. If they refuse to make peace and
they engage you in battle, lay siege to that city. When the Lord your God
delivers it into your hand, put to the sword all the men in it. As for the
women, and children, the livestock and everything else in the city you may
take these as plunder for yourselves. And you may use the plunder the Lord
your God gives you from your enemies. This is how you are to treat all the
cities that are at a distance from you and do not belong to the nations
nearby. (Deuteronomy. 20:10-15)
Source:
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