Among many other misconceptions about
Islamic 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
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.
O
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 Quraysh – 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.
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