Reply to the Misconception about Slavery

Sixth: Slavery system in Islam contradicts Islamic concepts of equality and full personal freedom. This, too, is an encroachment upon human rights.

The reply:

We would like to present, in brief, the standpoint of Islam against slavery. Islam accepted the slavery system because of the existence of peculiar economic and social conditions of the society in order to meet their economic, when Islam made first appearance. The entire society, then, depended heavily on the slavery system in taking care of the economic and social needs. In fact, this system of slavery was not restricted to the society of the Arabian Peninsula but it was worldwide. Moreover, the slavery system was well adopted and recognized in the previous religions. It is stated in the Bible, Deuteronomy 20:10-17,

" When you come neigh unto a city to fight against it, then proclaim peace unto it.
And it shall be, if it make thee answer of peace, and open unto thee, then it shall be, that all the people that is found therein shall be tributaries unto thee, and they shall serve thee.
And if it will make no peace with thee, but it will make war against thee, then thou shall besiege it.
And when the Lord Thy God has delivered it into thine hands, thou shall smite every male thereof with the edge of the sword.
But the women, and the little ones, and the cattle, and all that in the city, even all the spoil thereof, shall you take unto yourself, and you shall eat the spoil of thine enemies, which the Lord thy God has given thee.
Thus shall you do unto all the cities which are very far off from thee, which are not of the cities of these nations.
But of the cities of these people, which the Lord thy God does give you for an inheritance, you shall save alive that breathes.
But you shall utterly destroy them. "
Islam followed a gradual and long-term plan to eliminate slavery from the Islamic society, like the banning of all types of liquors. Liquor (or wine) was not banned at once in Islam but rather gradually in stages. In the first stage, the Almighty Allah states in the Glorious Qur'ân Sura al-Baqarah (The Cow) 2:219 the meaning of which is translated as:“ They ask thee concerning wine and gambling. Say: In them is great sin, and some profit, for men; but the sin is greater than the benefit [profit]. They ask thee how much they are to spend; say: What is beyond your needs. Thus does Allah make clear to you His Signs: in order that ye may consider”.

However, with people widely accepting Islam as a way of life and a religion to follow, Allah (subhanahu wa ta'ala) revealed the following verse in Qur'ân, Sura al-Nisa (The Women), 4:43 the meaning of which is translated as:“ Oh you who believe! Approach not prayers with a mind befogged, until you can understand all that you say”.

Then, when Muslims became firm in faith and began learning and studying Islam thoroughly, showing full respect and obedience to the Commands of Allah (subhanahu wa ta'ala) and the commands and the instructions of Allah's Messenger (peace and blessings of Allah be upon him), Allah (subhanahu wa ta'ala) issued a full ban for liquor. The Almighty Allah states in the Glorious Qur'ân Sura al-Maedah (The Table) 5:90 the meaning of which is translated as:“ Oh you who believe! Intoxicants and gambling, (dedication of) stones, and (divination by) arrows, are an abomination of Satan's handiwork: eschew such (abomination), that you may prosper”.

Similarly, Islam followed an identical approach to eliminate slavery from the Islamic society. Islam did not command to abruptly stop all dealings with slavery, but rather wisely drained all the sources of slavery. Islam aimed at reaching a stage where all activities will vanish completely. Islam started with the first stage; liberating themselves from within their hearts and minds. They were instructed to feel strong, healthy and capable within. They were taught to quit feeling weak, inferior, about themselves. Islam reconstructed the human feeling and integrity in the hearts and minds of slaves by making them, or rather calling them, brethren to their masters or owners. Slavery never remained a permanent phenomenon in the Islamic society. Allah's Messenger (peace and blessings of Allah be upon him) is reported to have said:“ Your workers are your brethren. The Almighty Allah placed them under you [for your services]. Whosoever has one [of his brethren] under him [working for him] must feed him of what he eats, clothe him of what he clothes himself and do not assign them to do what they cannot do. If you do, then help them”[109].

Islam, further, establishes the rights of slaves to life. Allah's Messenger (peace and blessings of Allah be upon him) is reported to have said:“ Whosoever kills a slave will be killed. Whosoever cuts off the nose of a slave, his own nose will be cut off [in punishment]. Whosoever removes the testicles of a slave, his own testicles will be also removed”[110].

Moreover, Islam commands Muslims to be kind and good to their slaves and maids. The Almighty Allah states in the Glorious Qur'ân Sura al-Nisa (The Women) 4:36 the meaning of which is translated as:“ Worship [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 wayfarer (you meet) and what your right hands possess: for Allah loves not the arrogant, the vainglorious”.

In fact, Islam upholds the feelings of the slaves with honor as it bans slave masters to remind their slaves about their slavish background. Allah's Messenger (peace and blessings of Allah be upon him) is reported to have said:“ One should not say 'this is my slave' or 'this is my maid', but rather one should say 'this is my boy' or 'this is my girl”.

However, slavery, according to Islamic teachings is limited to physical slavery only and not mental and philosophical. A slave has the right to maintain his own faith if he wishes to do so. Furthermore, Islam sets forth the best example in human equality by making the superiority based on piety and righteousness. In fact, Islam made brotherhood or unity ties between slaves and their masters. Yet, Islam went a step further by presenting an excellent example of Allah's Messenger (peace and blessings of Allah be upon him) when he offered in marriage his cousin; Zainab bin Jahsh (may Allah be pleased with him), a noble Korishite lady, to his slave fellow; Zaid bin Harithah. The latter was also assigned as a leader to the army that consisted of some leading and well-known Companions of Allah's Messenger (peace and blessings of Allah be upon him).

Islam followed two main methods to eliminate slavery from the Islamic society and practiced them in a very subtle manners as to avoid any confusion or chaos in the society. These methods did not create any animosity, hatred between various classes of the Islamic society or cause detriment to the prevailing socio-economic situations.

The first method: Draining the sources of slavery, which were very vast at one point during the Islamic history. Slavery sources were as follows:
Wars of all types where the defeated army fighters will be either killed or captivated, and consequently, enslaved.
If a person is in a financial debt and could not pay it back fully, such indebted person would become a slave to the debtor.
The practice of fathers to sell their children, male or female, if they chose to do so.
Personal decline of freedom. If a person was in need for something, he sells himself to another person in order to get what he needed.
All acts of piracy, kidnapping and abducting of people. Such kidnapped people were treated like slaves.
A punishment for crimes such as killing, theft and adultery, which imposed slavery on the doer. The criminal person will become a slave to the victim or his family members or heirs.
Reproduction of slaves even if the father was a freeman.
The aforementioned were just few sources for slavery, which were practiced in the world before the advent of Islam. Thus, Islam has forbidden all these sources. Two remained as exceptions:
War captives, or prisoners of lawfully declared wars by a Muslim ruler. However, such prisoners of war were not all declared as slaves. Some of them were set free while others paid ransom or else. This is based on the verse in the Glorious Qur'ân Sura Muhammad (peace and blessings of Allah be upon him) 47:4 the meaning of which is translated as:“ Therefore, when you meet the Unbelievers (in fight), smite at their necks; at length, when you 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 you 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”. This, however, was at the beginning of the advent of Islam. The enemies of Islam then attempted to stop its progress and spread to others. Non-Muslims at that time held Muslims as prisoners-of-war. Islam did the same.

An inherited slavery, on the other hand, is the child who is born for two slave parents. Such a born child is considered a slave as well. However, if the master of a slave girl had an intercourse with her, the product of this relation is a free child who is also attached in lineage to his free father. In such case, the slave-girl is called "a mother of a boy" who is not sold and not given as a gift, but she will be freed upon the death of her master.

The second method involves expanding the exits of liberation of slaves from slavery. Originally, the only way for freedom was the will of the master to free the slave or the slave-girl. A slave, prior to advent of Islam, was considered a slave throughout his entire life. Yet, a slave master who would liberate his slave or slave-girl, had to pay a fine.
Islam introduced the practice of liberation of slaves through their own masters and contracting of slaves with masters to pay a specific amount of money to purchase their freedom or liberty. Moreover, Islam widely opened this door before the slave master was given latitude to liberate his slave at any time and without any obligation or financial fine. Yet, it opened other doors and means for liberating the slaves as well, such as:
Atonement for sins:
Islam set an atonement for killing by mistake, a liberation of a Believing, faithful Muslim slave, in addition to the blood-money to be given to the affected family. This is based on the verse in the Glorious Qur'ân Sura al-Nisa (The Women) 4:92 the meaning of which is translated as:“ 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”.

Atonement for Thehar oath[111]:
This is based on the verse in the Glorious Qur'ân Sura al-Mujadalah (The Disputing One) 58:3 the meaning of which is translated as:“ But those who divorce their wives by Thehar, 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: these are you admonished to perform: and Allah is well-acquainted with (all) that you do”.

Atonement for breaking an oath:
This is based on the verse in the Glorious Qur'ân Sura al-Maedah (The Table) 5:89'89 the meaning of which is translated as:“ 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 ten 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 you have sworn. But keep to your oaths. Thus does Allah make clear to you His Signs, that you may be grateful”.

Atonement for breaking the fast during the month of Ramadan:
This is based on the incident of the man who came to Allah's Messenger (peace and blessings of Allah be upon him) telling him:“ Oh Prophet of Allah! I have destroyed myself! Allah's Messenger (peace and blessings of Allah be upon him) asked the man, Why? The man informed Allah's Messenger (peace and blessings of Allah be upon him) that he had an intercourse with his wife during the fasting hours of the day of Ramadan. Allah's Messenger (peace and blessings of Allah be upon him) asked the man, Do you have a slave to free? The man answered negatively. Allah's Messenger (peace and blessings of Allah be upon him) asked the man again, Do you have the means to feed sixty poor people? The man replied negatively. While the man and the rest of the people were sitting, Allah's Messenger (peace and blessings of Allah be upon him) was presented with an amount of fresh dates. Allah's Messenger (peace and blessings of Allah be upon him) asked about the man who committed that sin, and he came forward. Allah's Messenger (peace and blessings of Allah be upon him) said to the man, Take these dates and give them to the poor people in charity [atonement for your sin]. The man replied, Oh Prophet of Allah! By Allah! There is no poorer family in the entire city of Madinah than my family. Allah's Messenger (peace and blessings of Allah be upon him) upon hearing this smiled in such a way that his fangs appeared, saying, Then, take the dates and feed your family”[112]. A person who has, however, committed one of these sins and is required to pay atonement for his sin, and he is financially capable, but does not possess a slave to liberate, must purchase a slave [if possible] and liberate it in atonement for his sin.

Islam declares liberating of slaves as one of the most beloved charitable acts of worship in the Sight of Allah (subhanahu wa ta'ala):
This is based on the verse in the Glorious Qur'ân Sura al-Balad (The Town) 90:11-13 the meaning of which is translated as:“
But he has made no haste on the path that is steep.
And what will explain to thee the path that is steep?
(It is:) freeing the bondman. ”

Moreover, the statements and actions of Allah's Messenger (peace and blessings of Allah be upon him) in this regard were one of the best incentives for people to free the slaves and liberate them for the cause of Allah (subhanahu wa ta'ala). Allah's Messenger (peace and blessings of Allah be upon him) said:“ Whosoever frees a slave will get a reward to free one of his organs from the fire of hell for every organ of the slaves organs”[113]. In addition, Allah's Messenger (peace and blessings of Allah be upon him) is reported to have said:“ Visit the ill, feed the hungry and release the suffering slave”[114].

Announcing freedom to the slave:
If a slave master announces any word or synonyms of freedom, liberation, releasing or relieving a slave from his slavery, though jokingly, the slave is freed instantly. This is based on the statement of the Hadith of Allah's Messenger (peace and blessings of Allah be upon him) saying:“ [There are] three matters if you utter them seriously or jokingly, you will commit yourself to do them. These are: divorcing [one's wife], accepting a marriage [to a woman] and freeing or liberating a slave”[115].

Liberating a slave by a will:
One of the means of liberating a slave is through the death-will. The will may be written, announced verbally, pronounced to someone or the like. If a slave master declares, in any form, that his slave will be a freeman upon the master's death, the slave has secured his freedom after the death of the master. Therefore, as a precautionary measurement Islam bans to sell or give away such a slave after this declaration. If a slave-girl is given such a promise and the owner has an intercourse with her, the child who is a product of that cohabiting is born as a freeman also. Similarly, the slave girl, in such a case, is not to be sold or given away as a gift to a third party, but rather liberated as well.

Slave liberation is one of the proposed channels of Zakah:
This is based on the verse in the Glorious Qur'ân Sura al-Tawbah (The Repentence) 9:60 the meaning of which is translated as:“ Alms are for the poor and the needy, and those employed to administer the (funds); for those whose hearts have been (recently) reconciled (to the truth); for those in bondage and in debt; in the cause of Allah; and for the wayfarer: (thus is it) ordained by Allah, and Allah is full of knowledge and wisdom”.

Atonement for slapping on the face:
Islam requires freeing a slave if the slave master slaps or hits his slave on the face. This is based on the Hadith of Allah's Messenger (peace and blessings of Allah be upon him):“ Whosoever slaps his slave or hits him/her on the face must pay an atonement by freeing him”[116].
Contracting a slave:
This involves a situation when a slave requests his master to sell him his freedom for a sum of money they both agree upon. If a slave requests his master to issue him such a liberation contract, it will become binding on the master to grant the slave such a contract. In such a case, the slave will have the liberty to buy, sell, trade, own and work in order to accumulate the needed money against his freedom contract. Even working for his master will be for a specific wages for his labor. In fact, Islam went a step further by asking donations, assistance and support for such people from the wealthy people and donors in the Islamic society. Even the master is urged to discount some of the money agreed upon, or to give him some easier payment facilities to help the salve obtain his freedom. This is based on the verse in the Glorious Qur'ân Sura al-Noor (The Light) 24:33 the meaning of which is translated as:“ 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 you know any good in them; yet, give them something yourselves out of the means which Allah has given to you”.

We can confidently say, in brief, that Islam did not legalize slavery. Conversely, it established laws and regulations that contributed significantly and effectively to help restrict the sources of slavery and helped slaves to be freed once and forever.

The Ministry of Justice in Kingdom of Saudi Arabia held three symposiums during the month of Safar 1392 H (1982 G). The Minster of Justice and eminent scholars and university professors attended along with four eminent European canonists and scholars:
Ex Foreign Affairs Minister of Ireland and the Secretary of the European Legislation Committee.
A well-known scholar of Oriental and Islamic Studies Professor.
An eminent professor of Law and the Director of the Human Rights Magazine published in France.
Some of the eminent lawyers of Appellate Court in Paris.
The Kingdom's scholars explained the concept of Islam as a way of life, in comparison with other competing concepts, illustrating the main rules of Islam and the Shari'ah and the details of such general rules and principles. Muslim scholars also illustrated that the Shari'ah preserves the real interests of people. The Muslim scholars also illustrated the value, the benefits and the effectiveness of the Islamic capital punishments that are prescribed against serious crimes committed against innocent people and society. Muslim scholars further explained that such capital punishments are rational penalties that preserve the peace, safety and security of the society at large. Furthermore, such punishments will reduce the percentage of crimes in the society.

At their own, the Europeans expressed their admiration of the detailed explanations given by the Muslim scholars on these types of punishments. Europeans even admired the concept of the human rights in Islam.

Mile Pride, the head of the European delegation, declared then:" From this place, and from this Islamic country the human rights must be declared and announced to people all over the world and not from any other country. Muslim scholars must declare these unknown human rights to the international public opinion. In fact, due to the ignorance about these human rights and lack of proper knowledge about them, the reputation of Islam and the Islamic ruling and governing is distorted in the rest of the world ".