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The Islamic Personality10 min readViewed 5 times

27.1 Treating Slaves


Islam treated slaves with a treatment resulting in making easier the position of the slavery imposed upon him, and resulting in freeing them compulsorily and voluntarily. It placed many rules in this matter which the fuqaha elaborated in complete detail. These rules summarized in the following issues:

1. Islam found people owning slaves so it treated the problems of slaves between the owners with a treatment giving the slaves rights and preserving him his consideration of being a human being like the free person in relation to the natural attributes man was naturally endowed with. Allah (swt) exhorted in the Noble Qur’an as did the Messenger (saw) in the honoured hadith with kindness to slaves and living with them kindly. Allah (swt) said:

“Worship Allah and do not associate anything with Him and be kind to parents, relatives, orphans, the poor, the neighbour who is a relative and the unrelated neighbour and the unrelated (sahib) and the wayfarer and those whom your hands possess” [TMQ 4:36 ].

The meaning of “those your right hands possess” is your slaves. And he (saw) said:

“They are your brothers whom Allah placed under your hands. Feed them with what you eat, clothe them with what you wear and do not impose duties upon them which will overcome them. If you so impose duties, then assist them” (narrated by Muslim).

He also narrated via the way of Abu Hurairah (ra) of his saying: He (saw) said:

“One of you should not say: My slave and my slave-girl. All of you are the slaves of Allah and all your women are the slave-girls of Allah. Rather let him say: My boy (ghulam) and my girl (jariyah) and my son (fata) and my daughter (fatati).”

The Shar’a lifted the rank of the slave and made him like the free person when it made his blood protected so the free person is killed for it because Allah (swt) says:

“O you who believe, retaliation has been imposed upon you in deliberate murder” [TMQ 2:178].

Retaliation is similar and punishing the sinner as retaliation is used (linguistically) as recompense for the sinner, and it is used for doing upon the doer similar to what he did. The meaning of “retaliation has been imposed upon you” as recompense for the sin in murder is to kill the killer. This is general covering the male and female, free person and slave. This is strengthened by what ibn Majah narrated via the way of ibn Abbas (ra) of his (saw) saying:

“Muslims are equal in their blood”

This is general. The free person and slave are equal in that the blood of each of them is protected and it is haram to kill them, so the killer is killed whoever he is. Hence Islam made the life of the enslaved slave like the life of the free person equally, and his blood is protected like the blood of a free person. He (saw) said:

“Whoever kills his slave, we will kill him” (narrated by Ahmad and Abu Dawud via the way of Sumra bin Jundub).

Also Islam gave the slave the right to marry, divorce, study and he is a witness upon others whether a free person or slave. As for what Islam gave as a right to the owner of a slave-girl to enjoy with her, this lifts the status of the slave and result in his freedom because the enjoyment of the owner with his slave-girl is like the enjoyment of the husband with his wife, lifting the status of the slave girl to the status of the free wife and gives her a status before her master. In addition to what results from this enjoyment of pregnancy and childbirth and this prepares this slave-girl to be freed compulsorily after the death of her master.

2. Islam encouraged the freeing of slaves. It made the freeing of the slave as helping the human being to be grateful for the favour of Allah jalalah and assists him to climb the (‘aqabah). Allah (swt) said:

3. “He has not climbed the (‘aqabah). And what will let you know what is the (‘aqabah). Freeing the neck” [TMQ 90:11].

“Al-iqtiham” is the entry and cross over with strictness and difficulty, and (‘aqabah) is difficulty. It made the righteous deed as (‘aqabah) and made its performance as climbing for it due to what is therein of mu’anat the difficulty and the struggling with the soul. “Freeing the neck” is liberating it from slavery so Allah (swt) encouraged the freeing of slaves in this ayah. Similarly did the Messenger (saw) encourage the freeing of slaves. He (saw) said:

“Whoever frees a Muslim man, Allah (swt) will liberate for each of his organ an organ from the Fire” (narrated by Al-Bukhari and Muslim).

This demonstrates that Islam urged the freeing of slaves and gave it a great reward. 4. Islam legislated practical rules obliging the freeing of slaves. So it legislated rules obliging the freeing when it made the freeing on an enslaved slave to the related mahrem as being accomplished upon mere ownership whether the owner consents or not, or frees or not. Each human being who owns a relative mahrem by purchase or inheritance, his relative is freed from him completely due to mere ownership without need for his freeing him. Abu Dawud narrated from Al-Hasan from Sumra that the Prophet (saw) said:

“Whoever owns a relative who is within the prohibited degrees, that person becomes free.”

It made punishing the slave by burning, cutting an organ, spoiling him or striking him with a painful strike as obliging his freedom. So if his owner does not free him, the ruler frees him entirely from his owner. He (saw) said:

“Whoever slaps his slave or strikes him, his atonement (kaffara) is to free him” (narrated by Muslim by the way of ibn Umar)

The meaning of the strike is the painful strike due to the ahadith permitting the owner to strike his slave a disciplinary strike. Islam made the freeing of the slave as a compulsory atonement (kaffara) for many sins. So whoever kills a believer accidentally, his atonement is freeing a believing slave. Allah (swt) said:

“It is not (allowed) for a believer to kill a believer except by mistake. And whoever kills a believer by mistake, then freeing a believing slave and blood money to be delivered to his people except if they give (it as) charity. If he is of a people between them and you is a covenant, then blood money delivered to his people and freeing a believing slave” [TMQ 4:92].

And whoever perjures his oath, then among what atones his mistake is freeing a slave. Allah (swt) said:

“Allâh will not punish you for what is unintentional in your oaths, but He will punish you for your deliberate oaths; for its expiation (a deliberate oath) feed ten Masâkîn (needy persons), on a scale of the average of that with which you feed your own families, or clothe them or manumit a slave” [TMQ 5:89].

Whoever does Dhihar with his wife by saying to her, ‘You are like my mother’ then he returns to her, his atonement is freeing a slave. Allah (swt) said:

“And those who make unlawful to them (their wives) by Zihâr and wish to free themselves from what they uttered, (then penalty in that case is) the freeing of a slave before they touch each other.” [TMQ 58:3].

Whoever invalidates the fast of Ramadhan by sexual intercourse, his atonement is freeing a slave. It is narrated from Abu Hurairah (ra) who said:

“A man came to the Prophet (saw) and said: I have perished, O Messenger of Allah. He said: And what has caused you to perish? He said: I had sexual intercourse with my wife in Ramadhan. He said: Do you have what would free a slave? He said: No. He said: Are you able to fast two months consecutively? He said: No. He said: Do you possess what would feed sixty poor people? He said: No. So he sat down, then there was brought to the Prophet (saw) an (‘urq) (i.e. basket or panier/dry gourd) within which were dates. He said: Give sadaqa with these. He said: Are there people poorer than us? There is none between these two lave plains (of Madina) more needy of them than us. The Prophet (saw) laughed until there appeared his eye-teeth were visible and said: Go and feed your family with them.”

Firstly the Prophet (saw) commanded him with freeing a slave, and he did not change anything except after his inability of doing so was clear to him. All these rules of atonements oblige the atoner to free the slave.

Nor was Islam satisfied with this, but it also made more the slave a way to work to free himself as it made for the owner a way to be compensated the value of the slave by it. This is in the encouragement of the manumission contract. Islam encouraged this and Allah commanded it by the Qur’an. Allah (swt) said:

“As for those among you whom you possess who seek the manumission contract, then contract them if you know good in them and give them of the wealth of Allah which He gave you”[TMQ 24:33].

If the master contracts his slave by saying to him: If you give me so much in such and such time then you are free, it is obligatory upon the master to free his slave so that he works to attain the money which he contracted upon him. It is obligatory upon him to free him if he brings the money and it is not correct for him to revert from this manumission contract. The fuqaha recognised the manumission contract as the immediate freeing of a slave and his neck in time, and that if the contract is validated then the slave leaves the hands of his master and whenever he pays the substitute he leaves the ownership of his master.

All of these rules are for freeing slaves. It is noted therein that they take the path of directing the encouragement and desire, and the path of legislating rules executed by the State forcefully if the individual does not execute them by the push of piety of Allah (swt). All of these rules lead to creating thinking and action among the owners to free slaves, and lead to creating thinking and action among the slaves themselves to work to free themselves from slavery. This makes the course directed to ending slavery in society. 5. Nor was Islam satisfied with encouraging the freeing of slaves and formulating rules compelling freeing, but rather made in the Bait al-Mal of Muslims a specific category for freeing slaves when it made zakat expended to freeing slaves and made this one of the eight categories. Allah (swt) said:

“Verily the sadaqat is only for the poor, the indigent, those who work upon it, those whose hearts are to be reconciled, for the freeing of slaves, debtors, for the way of Allah and the wayfarer, an obligation from Allah and Allah is knower wise” [TMQ 9:60].

His statement: “and for (riqab)” means freeing slaves. It did not specify for this category a specific amount, so it is allowed for the State to allocate an amount for freeing slaves. Rather it is allowed for it to make all the zakat money for freeing slaves if at that particular time there is no necessity for other expenditure from the expenses of zakat. This is because the expenditure of zakat is not obliged to be only for the eight categories but rather it is allowed to be specified for one category from these categories according to what the Khalifah of the Muslims views.

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Chapters (185)
  1. 1Transliteration Guide
  2. 21. Personality
  3. 31.1 The Islamic Personality
  4. 41.2 The Formation Of Personality
  5. 51.3 Gaps In Conduct
  6. 62. The Islamic Aqidah
  7. 72.1 The Meaning Of Imān In The Day Of Resurrection
  8. 82.2 The Emergence Of The Mutakallimīn And Their Approach
  9. 92.3 The Error In The Methodology Of The Mutakallimīn
  10. 102.4 How The Issue Of Al-qadaa’ Wa‘l- Qadar Emerged
  11. 112.5 Al-qadr
  12. 122.6 Al-qadā’
  13. 132.7 Al-qadā’ Wa‘l-qadar
  14. 142.8 Guidance And Misguidance
  15. 152.9 The Termination Of The Life-span [ajāl ] Is The Sole Cause Of Death
  16. 162.10 Provision [rizq] Is In The Hands Of Allah Alone
  17. 172.11 The Attributes [sifāt] Of Allah
  18. 182.12 The Muslim Philosophers
  19. 192.13 The Prophets And Messengers
  20. 202.14 The Infallibility Of The Prophets
  21. 212.15 The Revelation
  22. 222.16 It Is Not Allowed On The Part Of The Messenger Pbuh That He Be A Mujtahid
  23. 233. The Noble Qur'ān
  24. 243.1 The Compilation Of The Qur’ān
  25. 253.2 The Qur’ānic Script
  26. 263.3 The Miracle Of The Qur’ān
  27. 274. The Sunnah
  28. 284.1 The Sunnah Is A Sharī’ah Evidence Like The Qur’ān
  29. 294.2 Inferring Evidences From The Sunnah
  30. 304.3 The Solitary Report (khabar Al-ahad) Is Not A Decisive Proof (hujjah) For Beliefs
  31. 314.4 The Difference Between The ‘aqīdah And The Sharī’ah Rule (hukm Shar’i)
  32. 325. Ijtihād And Taqlīd
  33. 335.1 Expert Research (ijtihād)
  34. 345.2 The Conditions Of Ijtihād
  35. 355.2 Taqlīd
  36. 365.3 The Reality Of Taqlīd
  37. 375.4 The States Of Muqallidin And Their Preponderant Qualifications
  38. 385.5 Migrating From One Mujtahid To Another
  39. 396. Learning The Sharī’ah Rule
  40. 407. The Strength Of The Evidence (quwwa Al-dalīl)
  41. 418. Consultation (shūrā) Or The Adoption Of An Opinion In Islam
  42. 429. Science And Culture
  43. 439.1 The Islamic Culture
  44. 449.2 The Method Of Study In Islam
  45. 459.3 Acquisition Of Culture (thaqafa) And Sciences
  46. 469.4 The Cultural Movement
  47. 479.5 The Position Of Muslims With Regards To Non- Muslim Cultures
  48. 4810. The Islamic Disciplines
  49. 4910.1 Tafsīr (qur’ānic Exegesis)
  50. 5010.2 The Exegetical Approaches Of Mufassirun
  51. 5111. Sources Of Tafsīr
  52. 5211.1 The Ummah's Need Today For Mufassirin
  53. 5312. The Science Of Ḥadīth (‘ilm Al-ḥadīth)
  54. 5412.1 The Hadīth
  55. 5512.2 The Transmitters Of Hadīth (ruwat Al Hadith)
  56. 5612.3 The One Whose Narration Is Accepted And The One Whose Narration Is Not Accepted And The Exposition Of (the Science Of) Invalidation And Attestation Of Reliability (al-jarh Wa Ta'dīl)
  57. 5712.4 Narrations Of The Muslim Sects
  58. 5812.5 Arration By Meaning (riwaya Bil Ma’na) And Abridgement Of The Hadīth
  59. 5912.6 Categories Of Hadīth
  60. 6012.7 Categories Of The Khabar Al-ahād
  61. 6112.8 The Accepted Hadīth (maqbul) And The Rejected Hadīth (mardud)
  62. 6212.9 The Mursal Hadīth
  63. 6312.10 The Ḥadīth Qudsi
  64. 6412.11 The Inability To Prove The Authenticity Of A Hadīth From Its Sanad Does Not Indicate That It Is A Weak Hadīth
  65. 6512.12 Consideration Of The Hadīth As An Evidence In The Sharī’ah Rules
  66. 6613. Prophetic Biography (sīrah) And History
  67. 6714. The Principles Of Islamic Jurisprudence (usūl Al-fiqh)
  68. 6814.1 Fiqh (jurisprudence)
  69. 6914.2 The Development Of Fiqh
  70. 7014.3 The Effect Of Disputes And Debates (munazarat) On Islamic Jurisprudence
  71. 7114.4 The Flourishing Of Islamic Jurisprudence
  72. 7214.5 The Decline Of Islamic Jurisprudence
  73. 7314.6 The Myth Of The Influence Of Roman Law On Islamic Jurisprudence
  74. 7415. Studying Fiqh
  75. 7516. Examples (namadhij) Of Fiqh
  76. 7617. The Khilafah
  77. 7717.1 The Time Limit Given For Muslims To Appoint A Khalifah
  78. 7817.2 Contracting (in’iqad) The Khilafah
  79. 7917.3 The Pledge (bay’ah)
  80. 8017.4 The Conditions Of Eligibility For The Khalifah
  81. 8117.5 Seeking The Khilafah Post
  82. 8217.6 The Unity Of The Khilafah
  83. 8317.7 Succession (istikhlaf) Or Reign (‘ahd)
  84. 8417.8 The Method To Appoint The Khalifah
  85. 8517.9 The Shar'a Did Not Designate A Specific Person For The Khilafah
  86. 8617.10 General Responsibilities/duties
  87. 8718 The Islamic State Is A Human State And Not A Theocratic State.
  88. 8818.1 Deposing Or Removal Of The Khalifah
  89. 8919. The Leadership (al-imarah)
  90. 9019.1 Obedience (at-ta’ah)
  91. 9119.2 The Khalifah's Adoption Of Rules And Styles I.e. Adopting Canons
  92. 9220. Jihad
  93. 9320.1 The Khalifah And Jihad
  94. 9420.2 The Meaning Of The Khalifah Supervising The Army's Leadership
  95. 9520.3 The Martyr
  96. 9620.4 Guarding The Frontiers (ar-ribat)
  97. 9720.5 The Islamic Army
  98. 9820.6 Seeking The Assistance Of Disbelievers In Fighting
  99. 9920.7 Preparing The Islamic Army
  100. 10020.8 Flags And Banners
  101. 10120.9 Captives
  102. 10221. The War Policy
  103. 10321.1 Lying In War
  104. 10421.2 Spying
  105. 10521.3 Truce (hudna)
  106. 10621.4 Military Alliances
  107. 10721.5 Permissible Treaties
  108. 10821.6 Emergency Treaties
  109. 10921.7 Annulling Treaties
  110. 11021.8the Belligerent Disbeliever (kafir Harbi)
  111. 11121.9 The Protected Person (al-m'ustamin)
  112. 11221.10 The Rules Of The Dhimmi
  113. 11322. Implementing Islam Is Obligatory Upon The Disbelievers
  114. 11423. The Jizyah
  115. 11524. The Lands Of Ushr, Kharaj And Sulh (truce)
  116. 11625. Dar Al-kufr And Dar Al-islam
  117. 11726. The Believer's Befriending The Disbelievers
  118. 11826.1 The Emigration (hijrah) From Dar Al-kufr To Dar Al-islam
  119. 11927. The Position Of Islam On Slaves And Slavery
  120. 12027.1 Treating Slaves
  121. 12127.2 Treating Slavery
  122. 12228. Relationships Between Individuals
  123. 12329. Trade (bai’)
  124. 12429.1 Everything Forbidden For Man, Trading It Is Also Forbidden
  125. 12529.2 It Is Not Allowed To Sell What You Do Not Have
  126. 12629.3 The Selling Of Advance Credit (as-salam)
  127. 12729.4 Buying Fruits While They Are Still On The Tree
  128. 12829.5 Sale On Credit And Instalments (taqseet)
  129. 12929.6 Brokerage (samsara)
  130. 13030. Hiring
  131. 13130.1 The Employee
  132. 13230.2 The Wage
  133. 13330.3 Estimating The Wage
  134. 13430.4 The Amount Of The Wage
  135. 13530.5 Paying The Wage
  136. 13630.6 Types Of Employees
  137. 13730.7 There Is No Labour Problem In Islam
  138. 13830.7 Hiring Assets
  139. 13930.8 Renting Houses For Residence
  140. 14031. All Bribery Is Forbidden
  141. 14132. Mortgage/ Pledging Security
  142. 14232.1 The Pledgee Benefiting From The Pledge
  143. 14333. The Bankrupt
  144. 14434. Transfer Of A Right (al-hawala)
  145. 14535. Drawing & Painting
  146. 14636. Usul Al-fiqh
  147. 14736.1 Al-hākim
  148. 14836.2 There is no hukm Prior to the coming of the revelation
  149. 14936.3 The legally responsible with respect to the shari’ah rulings
  150. 15037. The conditions of legal responsibility [shurūt al-taklīf]
  151. 15137.1 The legal ruling [al-hukm al-shar’i]
  152. 15237.2 The address of legal responsibility [khitab al-taklīf]
  153. 15337.3 The obligatory [al-wajib]
  154. 15437.4 That which is required to fulfill a wājib is itself wājib
  155. 15537.5 The prohibition [al-harām]
  156. 15637.6 The permissible [al-mubāh]
  157. 15737.7 The declaratory address [khitāb al-wad’]
  158. 15938. The Cause ( Al Sabab)
  159. 16039. The Condition ( Al Shart)
  160. 16140. The Prohibitive ( Al Manay)
  161. 16241. The Validity, The Invalidity, And The Corruption ( Al Sihhah, Wal Butlan, Wal Fasaad)
  162. 16342. The Determination And The Consession ( Al Azeema War Rukhsah)
  163. 16443. The Shari'ah Evidences ( Al Adilla-tul- Shariyah )
  164. 16544. The Shariah Evidences Must Be Decisives ( Al Adillah- Tu-shariah Yajebo An Takoona Qateyyah)
  165. 166What Is Considered As A Proof (hujjah) Of The Qur’aan
  166. 167Al-muhkam Wa Al-mutashabih The Precise And The Imprecise
  167. 168The Second Daleel Al–sunnah
  168. 16948. The Status Of The Sunnah In Relation To The Qur'aan
  169. 17049. Divisions Of The Sunnah (aqsaam Al Sunnah)
  170. 17150. The Mutawaatir
  171. 17251. The Number By Which The Certainty Occurs
  172. 17352. The Famous Hadeeth (al Mashhour)
  173. 17453. The Individuals Report (khabar Al Aahaad)
  174. 17554. The Narrators Of The Hadeeth (ruwaat Al Hadeeth)
  175. 17655. Types Of The Individuals Report
  176. 17756. Conditions For Accepting The Individuals Report
  177. 17857. The Actions Of The Messenger
  178. 17958. The Ways By Which The Direction (quality) Of The Action Of The Messenger Can Be Known
  179. 18059. The Silence Of The Prophet (saw)
  180. 18160. The Conflict Between The Actions Of The Messenger (saw)
  181. 18261. The Conflict Between The Action Of The Messenger (saw) And His Saying
  182. 18362. The Conflict Between The Sayings Of The Messenger (saw)
  183. 18463. The Inference (al Istidlaal) From The Kitaab And The Sunnah
  184. 18564. The Language Discussions
  185. 18665. The Way To Know The Arabic Language