I am no scholar and I don’t attempt to use “fiqhi” terms. When I say “not recommended” it does not have all the connotations you apparently associate with it. Polygamy was also allowed, and the Sunnah of our Prophet (salalahi alahi wa salaam) and yet it was also “not recommended” and had very strict and difficult “rules” that went with it that made it likely, especially with time, to be practiced less and less (and I say this as a firm supporter of the right of polygamy). I see slavery the same way.

I don’t understand why you take issue with my statement, but then expound upon it. Slavery as it was allowed by the Qur’an and Sunnah is 100% different than the slavery that is practiced today. You were required to feed and clothe your slave the same as your family. You slave had recourse to complain about mistreatment, as you say. You were expected to educate your slave Islamically or allow them to follow their own religion without molestation for it.

While I do not believe in wholesale “modernization” I do believe that we have to recognize when society has changed significantly and is no longer capable of supporting a just means of slavery, polygamy, etc. When the MAJORITY of cases are not in accordance with the Sunnah and are simply means to abuse, if society cannot simply be reformed back to its historical morality, then sometimes the actual act must be abolished. Clearly this is the case with slavery as most nations have criminalized its practice and any trafficking of humans. Even those nations that have not yet done so, under the auspices of being “Islamic”, we all know are not truly Islamic in so many other ways so why should we listen to their moral guidance on this one point?

It is also very important to remember that the Qur’an laid out gradiations of practice in many cases. Just as alcohol was not immediately forbidden but later, just as hijab was not immediately required but later, slavery may have been something that it would take time to address. To begin with, certain aspects of justice were enacted in regards to slaves and their treatment. To have ended slavery would have completely collapsed the economy and left a largely destitute population of former slaves. But by having specific expectations of slaves treatment, it discouraged those who were likely to abuse from being able to own slaves. By there being much reward in the manumission of slaves, upright Muslim citizens granted freedom, and did not keep more slaves than their household had need of. If Muslims had kept with the same moral views and actions, in time it is reasonable to assume that they would eventually have found a means to lessen slavery to the point of extinction. Afterall, wanting for our brother what we want for ourselves must surely include personal freedom and fair pay for services rendered.

Where I completely disagree with you is because you seemed to attack brother Irving for a very simple statement: slavery as described in the link provided by brother Yursil, is an abomination and a sin. Slavery based on race is abhorrant. Slavery that misuses and abuses children is abhorrant. There are specific obligations that go with being a slave holder. These obligations are by and large difficult to properly maintain in today’s society in any case. Besides that, little effort is made to maintain these obligations. Brother Irving did not say that slavery of all kinds, including what the Prophet (salalahi alahi wa salaam) practiced, was a sin. He was referring to the specific issue of slavery that Yursil brought up.

The usage of fiqhi terms at times can be unclear. In your question directed towards needy self, you asked if slavery took the hukm: “not encouraged”. Not encouraged has several possible connotations: A) Makruh (hated/disliked), B) Khilafel-Awlaa (foregoing what is fitter) C) Ghayr Masnun – Not Sunnah basically. To be honest, I have not found any scholars of the past in my research regarding slavery in Fiqh deem slavery “Makruh”, Khilafel-Awlaa or even (C). That is because our beloved Sayyid Muhammad allowed slavery – as George Carty said a non-racially based one – either by way of the slave markets or by captives of war, hence Allah’s usage in Mu’minun, for example ‘right hand possessions’ in reference to female slaves.

However, just as you stated respect Sayyidatunaa, releasing slaves takes the ruling of “Mustahabb” – that which is recommended and which one is rewarded for in the Hereafter. For example, Our beloved Nabi Muhammad (‘alayhis salatwa salaam) stated, “Whoever releases a slave, for every limb released, that will be a limb [for the manumitter] saved from the fire of Hell”. Or Allah’s declaration in the Qur’an “[The Path that is steep (i.e. of righteousness)] is freeing the bondman; ” (90:13)

From my personal comparative religious studies, and I could be wrong, Islam is the first of the Abrahamic faiths to encourage the manumission of slaves. One could argue that if these statememts were applied, Slavery would have been ended. However, the recommended is not obligatory in our Law – unless the Khalifah commands you etc, and because of that, Muslims continued in the slave trade, whether that be taking Egyptians, Turks, or Africans as slaves. In fact, the Mamluks of Egypt, who later came to rule the Muslim Empire, were originally slaves hence the term “Mamluk”.

Yes, Sayyidatunaa, an example of the remarkable treatment of slaves in our history can be found in the presence of the Prophet Muhammad himself from His ascetic disciple, a defender of the poor, and one unafraid to demand the Muslims continue their charity, Abu Dharr Al-Ghifaari (radhiya Allahu ‘Anhu):

Al-Ma’roor ibn Suwayd narrates that he once saw Abu Dharr radi Allahu anhu wearing a beautiful shawl. His slave standing next to him was wearing a shawl exactly like it, warm and beautiful. Ma’roor said to Abu Dharr, “Perhaps you could take the shawl of your servant and give him another (less expensive) one.”

“Never,” said Abu Dharr, “for I once had a servant whose mother was not Arab and I cussed him and his mother. That servant went to the Messenger of Allah sal Allaahu alayhi wa sallam complaining of the words I had said. When RasulAllah sal Allaahu alayhi wa sallam saw me he commented, ‘O Abu Dharr, you are a man who still has jahiliyyah (pre-Islamic ignorance) in him.’”

Imagine a slave having the right to complain about his master, and the leader of a new formed nation; the Prophet Muhammad, the honest, condemning the actions of your master. I needn’t expand further on such perfect akhlaq.

Those are just my thoughts Sister, Shukran.

Abul Layth

Abul Layth, do you not believe that while slavery was “permitted” that it was not encouraged, and that there are reasons to believe that with time it would be abolished? Many scholars have argued that if we follow the example of the Prophet (salalahi alahi wa salaam) slavery would become obsolete eventually. Also, remember that slavery as it was practiced at the time of the Ottomans was very very different from slavery as it is practiced today. There are “rules” for how a slave is to be maintained and treated, as well as their right to purchase their freedom or have another purchase their freedom. The Ottomans followed those rules as laid out in the Qur’an and the Sunnah. These rules are not followed today and have not been in a long time and so slavery as we now know it IS an abomination. It is also a sin because as it is currently practiced there are sins compounding sins.

The ottomans, for generations, bought from the slave markets in Egypt to Iraq. Anyhow, back to what the point of this awesome post, this reminds me of Shaykh Nuh Keller’s conversion story. Looking shabby in the streets of Egypt, a woman places in his hands sadaqah, and before he can even realize what just happened, she is gone. The Muslims, no matter where they may be from, have always taken care of the poor. It is only with the advent of greedy Bush allying oil rich saudi bigots that in the streets of Makkah – the sacred – do we see the horrid scar upon this Ummah, beggars.

If Muslims can not even clean up the sacred streets of Makkah from beggars, then what of our sattelite countries and polities?

Jazaakum Allahu Khairan Sidi Yursil

Ya Haqq!