وَالَّذِينَ
يَبْتَغُونَ
الْكِتَابَ
مِمَّا
مَلَكَتْ
أَيْمَانُكُمْ
فَكَاتِبُوهُمْ
إِنْ
عَلِمْتُمْ
فِيهِمْ
خَيْرًا
وَآتُوهُمْ
مِنْ مَالِ
اللَّهِ
الَّذِي
آتَاكُمْ (33:24)
And if any of your slaves ask for Mukatabat, accept
it give it to them if you know any good in them and [for this] give them
out of the wealth which Allah has given to you. (24:33)
The above quoted verse of Surah Nur
mentions the directive of ‘Mukatabat’. At the time of the revelation
of the Qur’an, the institution of slavery was as essential to the
economic and social needs of the society as the institution of interest
is considered in present day societies. In markets, slave-men and slave-women
were bought and sold, and affluent houses had slave-men and slave-women
of all ages. In such circumstances, a sudden directive for their emancipation
would have resulted in many evils: for livelihood, men would have been
forced to resort to beggary and women to prostitution. For this very reason
the Qur’an adopted a gradual way to eradicate this evil from society
and after many gradual measures of eradication, the above quoted verse
revealed a directive for their liberation. The word ‘Mukatabat’
used in it as a term which means that a slave make a contract with his
master according to which he would be required to pay a certain sum of
money in a specific time period or would carry out a specific service for
his master; once he would successfully fulfill either of these two options,
he would stand liberated. In the above quoted verse, the Almighty has directed
the Muslims to necessarily accept this contract made by a slave if he wants
to make it and has the required ability to become financially independent.
It is further stated that a Muslim government should spend money from the
public treasury, which here is called the treasury of God, in helping such
slaves. It is evident from the words of the verse that just as this right
of ‘Mukatabat’ was granted to slave-men, it was also granted to
slave-women. This, in other words, was in fact a declaration that slaves
could now be masters of their destiny and could obtain liberation whenever
they wanted.
The above stated verse is the last
directive regarding slavery. Prior to this, various other directives were
given at various stages because of which it gradually became possible for
this evil to be eradicated from the society. These are summarized
below:
1. In the very beginning of its revelation,
the Qur’an regarded emancipation of slaves as a great virtue, and
urged people in a very effective way to do so. The tremendous appeal found
in the words it adopted
‘فَكُّ
رَقَبَة’
(release
the necks) can be well imagined by a person who has flare for the language.
It is evident from the context of such expressions – wherever they are
found in the Qur’an – that it has regarded this virtue to be the
first as well as the greatest step in pleasing God.1
In a similar manner, the Prophet (sws)
also urged Muslims to liberate humanity from the yoke of slavery in the
following words: ‘Whoever liberated a Muslim slave, the Almighty in return
for every limb of that slave would shield every limb of that person from
Hell’2.
2. People were urged that until they
free their slaves they should treat them with kindness. The way their masters
had total and unchecked control of them in the age of ignorance was put
an end to. They were told that slaves are human beings too, and no one
should in any way violate the rights they possess as human beings.
Abu Hurayrah (rta) narrated
from the Prophet (sws): ‘Slaves have a right to food and clothing and he
shall not be asked to carry out an errand that is beyond him’3.
Abu Dharr Ghaffari (rta) narrates
from the Prophet (sws): ‘They are your brothers. The Almighty has made
them subservient to you. So whatever you eat, feed them with it, whatever
you wear, clothe them with it and never ask them to do something which
is beyond them and if there is such a task then help them out with it’4.
Ibn ‘Umar (rta) narrates from
the Prophet (sws): ‘Whoever slapped a slave or beat him up should atone
this sin by liberating him’5.
Abu Mas‘ud (rta) says: ‘Once when I was beating
my slave I heard a voice from behind me: “O Abu Mas‘ud you should
know that the Almighty has more power over you”. When I turned back, I
found that it was the Prophet. I immediately remarked: “O Messenger of
God, I release him for the sake of God”. The Prophet said: “Had you not
done this you would have been given the punishment of the Fire”.6
Ibn ‘Umar (rta) narrates that
once a person came to the Prophet (sws) and asked: ‘How many times should
we forgive our servant’. [At this], the Prophet kept quiet. He asked again
and the Prophet again kept quiet. Upon being asked the third time, he answered:
‘Seventy times in a day’.7
3. In cases of un-intentional murder,
Zihar, and other similar offences, liberating a slave was regarded
as their atonement and sadqah8.
4. It was directed to marry off slave-men
and slave-women who were capable of marriage so that they could become
equivalent in status – both morally and socially – to other members of
society.9
5. If some person were to marry a
slave-woman of someone, great care was exercised since this could result
in a clash between ownership and conjugal rights. However, such people
were told that if they did not have the means to marry free-women, they
could marry, with the permission of their masters, slave-women who were
Muslims and were also kept chaste. In such marriages, they must pay their
dowers so that this could bring them gradually equal in status to free-women.
The Qur’an says:
وَمَنْ
لَمْ
يَسْتَطِعْ
مِنْكُمْ
طَوْلًا أَنْ
يَنكِحَ
الْمُحْصَنَاتِ
الْمُؤْمِنَاتِ
فَمِنْ مَا
مَلَكَتْ
أَيْمَانُكُمْ
مِنْ
فَتَيَاتِكُمْ
الْمُؤْمِنَاتِ
وَاللَّهُ
أَعْلَمُ
بِإِيمَانِكُمْ
بَعْضُكُمْ
مِنْ بَعْضٍ
فَانكِحُوهُنَّ
بِإِذْنِ
أهْلِهِنَّ
وَآتُوهُنَّ
أُجُورَهُنَّ
بِالْمَعْرُوفِ
مُحْصَنَاتٍ
غَيْرَ
مُسَافِحَاتٍ
وَلَا
مُتَّخِذَاتِ
أَخْدَانٍ …ذَلِكَ
لِمَنْ
خَشِيَ
الْعَنَتَ
مِنْكُمْ
وَأَنْ
تَصْبِرُوا
خَيْرٌ
لَكُمْ
وَاللَّهُ
غَفُورٌ
رَحِيمٌ(25:4)
If any of you have not the means wherewith to
wed free believing women, he may wed believing girls from among those whom
you own: and Allah has full knowledge about your Faith. You are one from
another: wed them with the permission of their owners, and give them their
dowers, according to the norms; [the only condition is that] they should
be kept chaste, neither being lustful, nor taking paramours … This permission
is for those among you who fear sin; but it is better for you that you
practice self-restraint. And Allah is Ever-Forgiving, Most Merciful. (4:25)
6. In the heads of Zakah, a specific
head
‘الرِّقَاب
فِى’
(for [freeing] necks) was instituted so
that the campaign of slave emancipation could receive impetus from the
public treasury.10
7. Fornication was regarded as an
offence as a result of which prostitution centers that were operated by
people on the basis of their slave-women were shut down automatically,
and if someone tried to go on secretly running this business, he was given
exemplary punishment.11
8.
People
were told that they were all slaves of Allah and so instead of using the words
‘عَبْد’
(slave-man) and ‘اَمَة’
(slave-woman), the words used should be ‘فَتَى’
(boy/man) and ‘فَتَاة’
(girl/woman) so that the psyche about
them should change and a change is brought about in age old concepts.12
9. A big source of the institution
of slavery at the advent of the last Prophet (sws) were the prisoners of
war. The Qur’an rooted this out by legislating that prisoners of
war should be freed at all costs – either by accepting ransom or as a favour
by not taking any ransom money. No other option was available to the Muslims.13
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