In theory, slavery in Islamic law does not have a racial or color
component, although this has not always been the case in practice. Slaves played various social and economic roles, from domestic worker to highest-ranking positions in the government like Sultan. They created some great empires in history including the Ghaznavid Empire, Khwarazmian Empire, Delhi Sultanate, Mamluk Sultanate of Iraq and Mamluk Sultanate of Egpyt and Levant.
Moreover, slaves were widely employed in irrigation, mining,
pastoralism, and the army. Some rulers even relied on military and
administrative slaves to such a degree that they were considered above
from the general public and sometimes they seized power. In some cases, the treatment of slaves was so harsh that it led to uprisings, such as the Zanj Rebellion. However, this was an exception rather than the norm, as the vast majority of labor in the medieval Islamic world consisted of free, paid labour.
For a variety of reasons, internal growth of the slave population was
not enough to fulfill the demand in Muslim society. This resulted in
massive importation, which involved enormous suffering and loss of life
from the capture and transportation of slaves from non-Muslim lands.
The Arab slave trade was most active in West Asia, North Africa, and Southeast Africa. Muslim traders exported as many as 17 million slaves to the coast of the Indian Ocean, the Middle East, and North Africa. In the early 20th century (post World War I), slavery was gradually outlawed and suppressed in Muslim lands, largely due to pressure exerted by Western nations such as Britain and France. For example, Saudi Arabia and Yemen only abolished slavery in 1962 under pressure from Britain; Oman followed suit in 1970, and Mauritania in 1905, 1981, and again in August 2007. However, slavery claiming the sanction of Islam is documented presently in the predominantly Islamic countries of Chad, Mauritania, Niger, Mali, and Sudan.
Many early converts to Islam were the poor and former slaves. One notable example is Bilal ibn Rabah al-Habashi.
Two classes of slave existed: a purchased slave, and a slave born in the master's home. Over the latter the master had complete rights of ownership, though these slaves were unlikely to be sold or disposed of by the master. Female slaves were at times forced into prostitution for the benefit of their masters, in accordance with Near Eastern customs.
The historical accounts of the early years of Islam report that "slaves of non-Muslim masters ... suffered brutal punishments. Sumayyah bint Khayyat is famous as the first martyr of Islam, having been killed with a spear by Abū Jahl when she refused to give up her faith. Abu Bakr freed Bilal when his master, Umayya ibn Khalaf, placed a heavy rock on his chest in an attempt to force his conversion."
The Arab slave trade was most active in West Asia, North Africa, and Southeast Africa. Muslim traders exported as many as 17 million slaves to the coast of the Indian Ocean, the Middle East, and North Africa. In the early 20th century (post World War I), slavery was gradually outlawed and suppressed in Muslim lands, largely due to pressure exerted by Western nations such as Britain and France. For example, Saudi Arabia and Yemen only abolished slavery in 1962 under pressure from Britain; Oman followed suit in 1970, and Mauritania in 1905, 1981, and again in August 2007. However, slavery claiming the sanction of Islam is documented presently in the predominantly Islamic countries of Chad, Mauritania, Niger, Mali, and Sudan.
Many early converts to Islam were the poor and former slaves. One notable example is Bilal ibn Rabah al-Habashi.
Slavery in pre-Islamic Arabia
Slavery was widely practiced in pre-Islamic Arabia, as well as in the rest of the ancient and early medieval world. The minority were white slaves of foreign extraction, likely brought in by Arab caravaners (or the product of Bedouin captures) stretching back to biblical times. Native Arab slaves had also existed, a prime example being Zayd ibn Harithah, later to become Muhammad's adopted son. Arab slaves, however, usually obtained as captives, were generally ransomed off amongst nomad tribes. The slave population increased by the custom of child abandonment (see also infanticide), and by the kidnapping, or, occasionally, the sale of small children. There is no conclusive evidence of the existence of enslavement for debt or the sale of children by their families; the late and rare accounts of such occurrences show them to be abnormal, Brunschvig states (According to Brockopp, debt slavery was persistent.) Free persons could sell their offspring, or even themselves, into slavery. Enslavement was also possible as a consequence of committing certain offenses against the law, as in the Roman Empire.Two classes of slave existed: a purchased slave, and a slave born in the master's home. Over the latter the master had complete rights of ownership, though these slaves were unlikely to be sold or disposed of by the master. Female slaves were at times forced into prostitution for the benefit of their masters, in accordance with Near Eastern customs.
The historical accounts of the early years of Islam report that "slaves of non-Muslim masters ... suffered brutal punishments. Sumayyah bint Khayyat is famous as the first martyr of Islam, having been killed with a spear by Abū Jahl when she refused to give up her faith. Abu Bakr freed Bilal when his master, Umayya ibn Khalaf, placed a heavy rock on his chest in an attempt to force his conversion."
Slavery in the Quran
Bilal ibn Ribah (pictured, atop the Kaaba) an Ethiopian former slave, was appointed by Muhammad as the first official muezzin. He had been emancipated when Abu Bakr
paid his ransom upon Muhammad's instruction. The image depicts an
episode in January 630, when he became the first Muslim to proclaim adhan in Mecca.
The alms are only for the poor and the needy, and those who collect them, and those whose hearts are to be reconciled, and to free the slaves and the debtors, and for the cause of Allah, and (for) the wayfarer; a duty imposed by Allah. Allah is Knower, Wise.
The mainstream view is that the Quran accepts the institution of
slavery. The word 'abd' (slave) is rarely used, being more commonly
replaced by some periphrasis such as ma malakat aymanukum
("that which your right hands own"). However the meaning and
translation of this term has been disputed. W.G. Clarence-Smith has
highlighted the point of view of Ghulam Ahmed Pervez on this issue,
who argued that the term is used in the past-tense in the Quran, thus
signalling only those individuals who were already enslaved at the dawn
of Islam. This slight change in tense is significant, as it allowed G.A.
Parwez to argue that slavery was never compatible with the commandments
of the Quran and is in fact outlawed by Quranic Law.
The mainstream view; however, is that the Qur'an recognizes the
basic inequality between master and slave and the rights of the former
over the latter. The historian Brunschvig states that from a spiritual
perspective, "the slave has the same value as the free man, and the same
eternity is in store for his soul; in this earthly life, failing
emancipation, there remains the fact of his inferior status, to which he
must piously resign himself."
According to Lewis, the Quran urges kindness to the slave and recommends their liberation by purchase or manumission. The freeing of slaves is recommended both for the expiation of sins and as an act of simple benevolence. It exhorts masters to allow slaves to earn or purchase their own freedom (manumission contracts)."
Slaves are mentioned in at least twenty-nine verses of the Qur'an, most of these are Medinan and refer to the legal status of slaves. The legal material on slavery in the Qur'an is largely restricted to manumission and sexual relations.
According to Sikainga, the Qur'anic references to slavery as mainly
contain "broad and general propositions of an ethical nature rather than
specific legal formulations."
The Quran accepts the distinction between slave and free as part
of the natural order and uses this distinction as an example of God's
grace, regarding this discrimination between human beings as in accordance with the divinely established order of things.
"The Qur'an, however, does not consider slaves to be mere chattel;
their humanity is directly addressed in references to their beliefs, their desire for manumission and their feelings about being forced into prostitution. In one case, the Qur'an refers to master and slave with the same word, rajul. Later interpreters presume slaves to be spiritual equals of free Muslims. For example, verse 4:25
urges believers to marry 'believing maids that your right hands own'
and then states: "The one of you is as the other," which the Jalaalayn
interpret as "You and they are equal in faith, so do not refrain from
marrying them." The human aspect of slaves is further reinforced by
reference to them as members of the private household, sometimes along
with wives or children.
The Prophet ordered slave-owners to address their slaves by such
euphemistic terms as "my boy" and "my girl" stemmed from the belief that
God, not their masters, was responsible for the slave's status.
There are many common features between the institution of slavery
in the Quran and that of neighboring cultures. However, the Quranic
institution had some unique new features. Bernard Lewis
states that the Qur'anic legislation brought two major changes to
ancient slavery which were to have far-reaching effects: presumption of
freedom, and the ban on the enslavement of free persons except in
strictly defined circumstances.
According to Brockopp, the idea of using alms for the manumission of
slaves appears to be unique to the Quran, assuming the traditional
interpretation of verses [Quran 2:177] and [Quran 9:60].
Similarly, the practice of freeing slaves in atonement for certain sins
appears to be introduced by the Quran (but compare Exod 21:26-7). The forced prostitution of female slaves, a Near Eastern custom of great antiquity, is condemned in the Quran. Murray Gordon notes that this ban is "of no small significance."
Brockopp writes: "Other cultures limit a master's right to harm a slave
but few exhort masters to treat their slaves kindly, and the placement
of slaves in the same category as other weak members of society who
deserve protection is unknown outside the Qur'an. The unique
contribution of the Qur'an, then, is to be found in its emphasis on the
place of slaves in society and society's responsibility toward the
slave, perhaps the most progressive legislation on slavery in its time."
According to Maurice Middleberg, "Sura 90 in the Quran states that the righteous path involves 'the freeing of slaves.'"
Muhammad's traditions
The corpus of hadith
attributed to Muhammad follows the general lines of Quranic teaching on
slavery and contains a large store of reports enjoining kindness toward
slaves.
Murray Gordon characterizes Muhammad's approach to slavery as
reformist rather than revolutionary. He did not set out to abolish
slavery, but rather to improve the conditions of slaves by urging his
followers to treat their slaves humanely and free them as a way of
expiating one's sins. While some modern Muslim authors have interpreted
this as indication that Muhammad envisioned a gradual abolition of
slavery, Gordon argues that Muhammad instead assured the legitimacy of
slavery in Islam by lending it his moral authority. Likely
justifications for his attitude toward slavery included the precedent of
Jewish and Christian teachings of his time as well as pragmatic
considerations.
The most notable of Muhammad's slaves were: Safiyya bint Huyayy, whom he freed and married; Maria al-Qibtiyya, given to Muhammad by a Sassanid official, whom he freed and who may have become his wife; Sirin, Maria's sister, whom he freed and married to the poet Hassan ibn Thabit and Zayd ibn Harithah, whom Muhammad freed and adopted as a son.
Islamic jurisprudence
Traditional Islamic jurisprudence
Principles
In Islamic jurisprudence, slavery was theoretically an exceptional condition under the dictum The basic principle is liberty (al-'asl huwa 'l-hurriya), so that for a foundling or another person whose status was unknown freedom was presumed and enslavement forbidden.
Lawful enslavement was restricted to two instances: capture in war (on
the condition that the prisoner is not a Muslim), or birth in slavery.
Islamic law did not recognize the classes of slave from pre-Islamic Arabia including those sold or given into slavery by themselves and others, and those indebted into slavery. Though a free Muslim could not be enslaved, conversion to Islam
by a non-Muslim slave did not require that he or she then should be
liberated. Slave status was not affected by conversion to Islam.
Treatment
In the instance of illness it would be required for the slave to be looked after. Manumission
is considered a meritorious act. Based on the Quranic verse (24:33),
Islamic law permits a slave to ransom himself upon consent of his master
through a contract known as mukataba. Azizah Y. al-Hibri,
a professor of Law specializing in Islamic jurisprudence, states that
both the Qur'an and Hadith are repeatedly exhorting Muslims to treat the
slaves well and that Muhammad showed this both in action and in words. Levy concurs, adding that "cruelty to them was forbidden."
Al-Hibri quotes the famous last speech of Muhammad and other hadiths
emphasizing that all believers, whether free or enslaved, are siblings.
Lewis explains, "the humanitarian tendency of the Qur'an and the early
caliphs in the Islamic empire, was to some extent counteracted by other
influences," notably the practice of various conquered people and countries Muslims encountered, especially in provinces previously under Roman law.
In spite of this, Lewis also states, "Islamic practice still
represented a vast improvement on that inherited from antiquity, from
Rome, and from Byzantium."
Murray Gordon writes: "It was not surprising that Muhammad, who
accepted the existing socio-political order, looked upon slavery as part
of the natural order of things. His approach to what was already an
age-old institution was reformist and not revolutionary. The Prophet had
not in mind to bring about the abolition of slavery. Rather, his
purpose was to improve the conditions of slaves by correcting abuses and
appealing to the conscience of his followers to treat them humanely."
The adoption of slaves as members of the family was common, according
to Levy. If a slave was born and brought up in the master's household he
was never sold, except in exceptional circumstances.
Sexual intercourse
In Islamic law (Sharia), Ma malakat aymanukum
is the term for slaves or captives of war. The purchase of female
slaves for sex was lawful from the perspective of Islamic law, and this
was the most common motive for the purchase of slaves throughout Islamic
history.
Al-Muminun 6 and Al-Maarij
30 both, in identical wording, draw a distinction between spouses and
"those whom one's right hands possess", saying " أَزْوَاجِهِمْ أَوْ مَا
مَلَكَتْ أَيْمَانُهُمْ" (literally, "their spouses or what their right
hands possess"), while clarifying that sexual intercourse with either is
permissible. Sayyid Abul Ala Maududi
explains that "two categories of women have been excluded from the
general command of guarding the private parts: (a) wives, (b) women who
are legally in one's possession".
Concubinage
Slave women were required mainly as concubines and menials. A Muslim
slaveholder was entitled by law to the sexual enjoyment of his slave
women. While free women might own male slaves, they had no such right.
The property of a slave was owned by his or her master unless a
contract of freedom of the slave had been entered into, which allowed
the slave to earn money to purchase his or her freedom and similarly to
pay bride wealth. The marriage of slaves required the consent of the
owner. Under the Hanafi and Shafi'i schools of jurisprudence male slaves
could marry two wives, but the Maliki permitted them to marry four
wives like the free men. According to the Islamic law, a male slave
could marry a free woman but this was discouraged in practice.
Islam permits sexual relations between a male master and his female
slave outside marriage. This is referred to in the Qur'an as ma malakat aymanukum or "what your right hands possess".
There are some restrictions on the master; he may not co-habit with a
female slave belonging to his wife, neither can he have relations with a
female slave if she is co-owned, or already married.
In ancient Arabian custom, the child of a freeman by his slave
was also a slave unless he was recognized and liberated by his father.
In theory, the recognition by a master of his offspring by a slave
woman was optional in Islamic society, and in the early period was often
withheld. By the High Middle Ages
it became normal and was unremarkable in a society where the sovereigns
themselves were almost invariably the children of slave concubines. The mother receives the title of "umm walad" (lit. mother of a child),
which is an improvement in her status as she can no longer be sold.
Among Sunnis, she is automatically freed upon her master's death,
however for Shi'a, she is only freed if her child is still alive; her
value is then deducted from this child's share of the inheritance. Lovejoy writes that as an umm walad,
they attained "an intermediate position between slave and free" pending
their freedom, although they would sometimes be nominally freed as soon
as they gave birth.
There is no limit on the number of concubines a master may
possess. However, the general marital laws are to be observed, such as
not having sexual relations with the sister of a female slave.
In Islam, "men are enjoined to marry free women in the first instance,
but if they cannot afford the bridewealth for free women, they are told
to marry slave women rather than engage in wrongful acts."
One rationale given for recognition of concubinage in Islam is that "it
satisfied the sexual desire of the female slaves and thereby prevented
the spread of immorality in the Muslim community."
A slave master could have sex with his female slave only while she was
not married. This attempt to require sexual exclusivity for female
slaves was rare in antiquity, when female slaves generally had no claim
to an exclusive sexual relationship.
According to Sikainga, "in reality, however, female slaves in many
Muslim societies were prey for members of their owners' household, their
neighbors, and their guests."
In Shiite jurisprudence it is unlawful for a master of a female
slave to grant a third party the use of her for sexual relations. The
Shiite scholar Shaykh al-Tusi stated:ولا يجوز إعارتها للاستمتاع بها لأن
البضع لا يستباح بالإعارة
"It is not permissible to loan (the slave girl) for enjoyment purpose,
because sexual intercourse cannot be legitimate through loaning"
and the Shiite scholars al-Muhaqiq al-Kurki, Allamah al-Hilli and Ali
Asghar Merwarid made the following ruling: ولا تجوز استعارة الجواري
للاستمتاع
"It is not permissible to loan the slave girl for the purpose of sexual
intercourse"
Under the legal doctrine of kafa'a(lit."efficiency"),
the purpose of which was to ensure that a man should be at least the
social equal of the woman he marries, a freedman is not as good as the
son of a freedman, and he in turn not as good as the grandson of a
freedman. This principle is pursued up to three generations, after which
all Muslims are deemed equally free. Lewis asserts that since kafa'a "does not forbid unequal marriages", it is in no sense a "Muslim equivalent of Nuremberg Laws of Nazi Germany or the apartheid laws of South Africa.
His purpose, he states, is not to try to set up a moral competition -
to compare castration and apartheid as offenses against humanity."
Legal status
Within Islamic jurisprudence, slaves were excluded from religious office and from any office involving jurisdiction over others. Freed slaves are able to occupy any office within the Islamic government, and instances of this in history include the Mamluk who ruled Egypt for almost 260 years and the eunuchs who have held military and administrative positions of note. With the permission of their owners they are able to marry. Annemarie Schimmel, a contemporary scholar on Islamic civilization, asserts that because the status of slaves under Islam could only be obtained through either being a prisoner of war (this was soon restricted only to infidels captured in a holy war) or born from slave parents, slavery would be theoretically abolished with the expansion of Islam. Fazlur Rahman
agrees, stating that the Qur'anic acceptance of the institution of
slavery on the legal plane was the only practical option available at
the time of Muhammad since "slavery was ingrained in the structure of
society, and its overnight wholesale liquidation would have created
problems which it would have been absolutely impossible to solve, and
only a dreamer could have issued such a visionary statement." Islam's reforms stipulating the conditions of enslavement seriously limited the supply of new slaves.
Murray Gordon does note: "Muhammad took pains in urging the faithful to
free their slaves as a way of expiating their sins. Some Muslim scholars
have taken this mean that his true motive was to bring about a gradual
elimination of slavery. An alternative argument is that by lending the moral authority of Islam to slavery, Muhammad assured its legitimacy. Thus, in lightening the fetter, he riveted it ever more firmly in place."
In the early days of Islam, a plentiful supply of new slaves were
brought due to rapid conquest and expansion. But as the frontiers were
gradually stabilized, this supply dwindled to a mere trickle. The
prisoners of later wars between Muslims and Christians were commonly
ransomed or exchanged.
According to Lewis, this reduction resulted in Arabs who wanted
slaves having to look elsewhere to avoid the restrictions in the Qur'an,
meaning an increase of importing of slaves from non-Muslim lands, primarily from Africa. These slaves suffered a high death toll. Patrick Manning states that Islamic legislations against the abuse of the slaves convincingly limited the extent of enslavement in Arabian Peninsula and to a lesser degree for the whole area of the whole Umayyad Caliphate
where slavery had existed since the most ancient times. He however
notes that with the passage of time and the extension of Islam, Islam by
recognizing and codifying slavery seems to have done more to protect
and expand slavery than the reverse.
In theory free-born Muslims could not be enslaved, and the only
way that a non-Muslim could be enslaved was being captured in the course
of holy war. (In early Islam, neither a Muslim nor a Christian or Jew could be enslaved.)
Slavery was also perceived as a means of converting non-Muslims to
Islam: A task of the masters was religious instruction. Conversion and
assimilation into the society of the master didn't automatically lead to
emancipation, though there was normally some guarantee of better
treatment and was deemed a prerequisite for emancipation. The majority of Sunni authorities approved the manumission of all the "People of the Book". According to some jurists -especially among the Shi'a- only Muslim slaves should be liberated. In practice, traditional propagators of Islam in Africa often revealed a cautious attitude towards proselytizing because of its effect in reducing the potential reservoir of slaves.
Rights and restrictions
"Morally as well as physically the slave is regarded in law as an inferior being," Levy writes. Under Islamic law, a slave possesses a composite quality of being both a person and a possession.
The slave is entitled to receive sustenance from the master, which
includes shelter, food, clothing, and medical attention. It is a
requirement for this sustenance to be of the same standard generally
found in the locality and it is also recommended for the slave to have
the same standard of food and clothing as the master. If the master
refuses to provide the required sustenance, the slave may complain to a
judge, who may then penalize the master through sale of her or his goods
as necessary for the slave's keep. If the master does not have
sufficient wealth to facilitate this, she or he must either sell, hire
out, or manumit the slave as ordered. Slaves also have the right to a
period of rest during the hottest parts of the day during the summer.
Evidence from slaves is rarely viable in a court of law. As
slaves are regarded as inferior in Islamic law, death at the hands of a
free man does not require that the latter be killed in retaliation.
The killer must pay the slave's master compensation equivalent to the
slave's value, as opposed to blood-money. At the same time, slaves
themselves possess a lessened responsibility for their actions, and
receive half the penalty required upon a free man. For example: where a
free man would be subject to a hundred lashes due to pre-marital
relations, a slave would be subject to only fifty. Slaves are allowed to
marry only with the owner's consent. Jurists differ over how many wives
a slave may possess, with the Hanafi and Shafi'i schools allowing them
two, and the Maliki school allowing four. Slaves are not permitted to
possess or inherit property, or conduct independent business, and may
conduct financial dealings only as a representative of the master.
Offices of authority are generally not permitted for slaves, though a
slave may act as the leader (Imam) in the congregational prayers, and he may also act as a subordinate officer in the governmental department of revenue. Masters may sell, bequeath, give away, pledge, hire out or compel them to earn money.
By the view of some madh'hab (but not others), a master may compel his/her slave(s) to marriage and determine the identity of their marriage partner(s).
The mahr
that is given for marriage to a female slave is taken by her owner,
whereas all other women possess it absolutely for themselves.
Manumission
The Qur'an and Hadith, the primary Islamic texts, make it a praiseworthy act for masters to set their slaves free.
There are numerous ways in which a slave may become free. One way is
through expiation for certain sins committed by the master, such as
involuntary manslaughter or perjury. Other ways include emancipation through becoming an umm walad,
who is freed upon her master's death along with her children, or an
independent act of piety by the master, as recommended by the Quran. It
is also commendable to manumit a slave who demands his freedom and is
considered worthy of it; however, Richard Francis Burton
states in a footnote to the "Tale of the Second Eunuch", commenting on
the proposed emancipation of a slave without employable skills, that
"Here the slave refuses to be set free and starve. For a master so to do
without ample reasons is held disgraceful. I well remember the weeping
and wailing throughout Sind when an order from Sir Charles Napier set
free the negroes whom British philanthropy thus doomed to endure if not
to die of hunger." Another method is the mukataba
contract: Levy states that "the slave may redeem himself if his master
agrees and contracts to let him go on payment of a stipulated sum of
money, which may be paid in two or more instalments, or on the giving of
stipulated services or other consideration. If the consideration is a
sum of money, the master must grant the slave the right to earn and to
own property."
If the master makes a declaration of the slave's freedom, whether
in jest or earnest, in the presence of the slave or another, then such a
declaration becomes legally binding. Similarly, the master may promise
manumission (verbally or in writing) that the slave is to be freed upon
the former's death. Lastly, a slave is also freed automatically if she
or he comes into the possession of a master who is directly related to
her or him.
Gordon opines that the Quran in particular and Islamic
jurisprudence in general have not placed a premium on manumission but
held it out as one way for atonement of sin. He states that "Manumission
was only one of several virtuous observances that the pious could avail
themselves of and was by no means the most important,"
noting that other options include reaffirming faith in God and giving
food to the poor. He concludes that "there was no contradiction between
being a devout Muslim and a slave-owing one as well."
Modern interpretations
Abolitionism
A photograph of a slave boy in the Sultanate of Zanzibar.
'An Arab master's punishment for a slight offence.' c. 1890. From at
least the 1860s onwards, photography was a powerful weapon in the
abolitionist arsenal.
The abolition movement starting in the 19th century in England and later in other Western countries influenced the slavery in Muslim lands both in doctrine and in practice.
One of the first religious decrees comes from the two highest
dignitaries of the Hanafi and Maliki rites in the Ottoman Empire. These
religious authorities declared that slavery is lawful in principle but
it is regrettable in its consequences. They expressed two religious
considerations in their support for abolition of slavery: "the initial
enslaving of the people concerned comes under suspicion of illegality by
reason of the present-day expansion of Islam in their countries;
masters no longer comply with the rules of good treatment which regulate
their rights and shelter them from wrong-doing."
According to Brunschvig, although the total abolition of slavery
might seem a reprehensible innovation and contrary to the Qur'an and the
practice of early Muslims, the realities of the modern world caused a
"discernible evolution in the thought of many educated Muslims before
the end of the 19th century." These Muslims argued that Islam on the
whole has "bestowed an exceptionally favourable lot on the victims of
slavery" and that the institution of slavery is linked to the
particular economic and social stage in which Islam originated.
According to the influential thesis of Ameer Ali,
Islam only tolerated slavery through temporary necessity and that its
complete abolition was not possible at the time of Muhammad. By the
early 20th century, the idea that Islam only tolerated slavery due to
necessity was to varying extent taken up by the Ulema. However, it was unable to gain support among the Wahhabis as of 1980s.
According to Brockopp, in the Ottoman empire and elsewhere the manumission contract (kitaba)
was used by the state to give slaves the means to buy their freedom and
thereby end slavery as an institution. Some authorities issued
condemnations of slavery, stating that it violated Quranic ideals of
equality and freedom. Subsequently, even religious conservatives came to
accept that slavery was contrary to Islamic principles of justice and
equality.
Islamist opinions
Earlier in the 20th century, prior to the "reopening" of slavery by Salafi
scholars like Shaykh al-Fawzan, Islamist authors declared slavery
outdated without actually clearly affirming and promoting its abolition.
This has caused at least one scholar (William Clarence-Smith) to bemoan the "dogged refusal of Mawlana Mawdudi to give up on slavery" and the notable "evasions and silences of Muhammad Qutb".
Sayyid Qutb, the scholar of the Islamist Muslim Brotherhood said in his exegesis (Tafsir) of the Quran:
And concerning slavery, that was when slavery was a world-wide structure and which was conducted amongst Muslims and their enemies in the form of enslaving of prisoners of war. And it was necessary for Islam to adopt a similar line of practise until the world devised a new code of practise during war other than enslavement.
Qutb's brother Muhammad Qutb
contrasted sexual relations between Muslim slave-owners and their
female slaves with (in his view), the widespread and depraved practice
of casual consensual sex in contemporary Europe:
Islam made it lawful for a master to have a number of slave-women captured in wars and enjoined that he alone may have sexual relations with them ... Europe abhors this law but at the same gladly allows that most odious form of animalism according to which a man may have illicit relations with any girl coming across him on his way to gratify his animal passions.
Abul A'la Maududi of Jamaat-e-Islami has said:
Islam has clearly and categorically forbidden the primitive practice of capturing a free man, to make him a slave or to sell him into slavery. On this point the clear and unequivocal words of Muhammad are as follows:
"There are three categories of people against whom I shall myself be a plaintiff on the Day of Judgement. Of these three, one is he who enslaves a free man, then sells him and eats this money" (al-Bukhari and Ibn Majjah).The words of this Tradition of the Prophet are also general, they have not been qualified or made applicable to a particular nation, race, country or followers of a particular religion. ... After this the only form of slavery which was left in Islamic society was the prisoners of war, who were captured on the battlefield. These prisoners of war were retained by the Muslim Government until their government agreed to receive them back in exchange for Muslim soldiers captured by them ...
Taqiuddin al-Nabhani, a shariah judge and founder of Hizb ut-Tahrir movement, gives the following explanation:
When Islam came, for the situations where people were taken into slavery (e.g. debt), Islam imposed Shari’ah solutions to those situations other than slavery. ... It (Islam) made the existing slave and owner form a business contract, based upon the freedom, not upon slavery ... As for the situation of war, ... it clarified the rule of the captive in that either they are favoured by releasing without any exchange, or they are ransomed for money or exchanged for Muslims or non-Muslim citizens of the Caliphate.
The website of the organization stresses that because sharia
historically was responding to a contract, not the institution of
slavery, a future Khilafah could not re-introduce slavery.
While prominent clerics of Twelver Shia Islam have joined in declarations against contemporary slavery,
at least one powerful Shi'a Islamist ayatollah (Mohammad-Taqi Mesbah-Yazdi, a member of Iran's Assembly of Experts,
the body responsible for choosing the Supreme Leader of Iran) has made several statements declaring the permissibility of slavery in modern times.
In a 2006 interview he stated,
Today, too, if there's a war between us and the infidels, we'll take slaves. The ruling on slavery hasn't expired and is eternal. We'll take slaves and we'll bring them to the world of Islam and have them stay with Muslims. We'll guide them, make them Muslims and then return them to their countries.
In response to the Nigerian extremist group Boko Haram's Quranic justification for kidnapping and enslaving people, and ISIL's religious justification for enslaving Yazidi women as spoils of war as claimed in their digital magazine Dabiq, the 126 Islamic scholars from around the Muslim world, in late September 2014, signed an open letter to the Islamic State's leader Abu Bakr al-Baghdadi, rejecting his group's interpretations of the Qur'an and hadith to justify its actions. The letter accuses the group of instigating fitna – sedition – by instituting slavery under its rule in contravention of the anti-slavery consensus of the Islamic scholarly community.
Salafi support for slavery
In recent years, according to some scholars, there has been a "reopening" of the issue of slavery by some conservative Salafi Islamic scholars after its "closing" earlier in the 20th century when Muslim countries banned slavery and "most Muslim scholars" found the practice "inconsistent with Qur'anic morality."
A controversial high-level Saudi jurist, Shaykh Saleh Al-Fawzan, said in a lecture, "Slavery is a part of Islam. Slavery is part of jihad, and jihad will remain as long there is Islam."
He further dismissed Muslim writers who maintained otherwise as ignorant and "blind followers". At the time of the fatwa, al-Fawzan was a member of the Senior Council of Clerics, Saudi Arabia's highest religious body, a member of the Council of Religious Edicts and Research,
the Imam of Prince Mitaeb Mosque in Riyadh, and a professor at Imam
Mohamed Bin Saud Islamic University, the main Wahhabi center of learning
in the country. Another prominent Saudi cleric, Saad Al-Buraik has urged Palestinians to enslave women of "the Jews".
