The foregoing means that the Quranic instructions regarding slavery, which was a continuing socio-economic phenomenon at the time of the Prophet, must be viewed in the light of previous religious traditions.
In the prevailing circumstances of the time, slavery could not have been abolished at one stroke with a prohibiting declaration. What we see is that Allah has given in the Quran rulings that are aimed at the gradual abolition of slavery.
Indeed the Quran gives a number of directions and provisions encouraging the emancipation of slaves, which have proven quite effective for the purpose.
But what is more important and revolutionary is the teaching that the very idea of enslaving a human by another human is antithetical to the very fundamental principle of Islam itself: namely humans can be the slaves of only Allah Almighty.
No human can be subjugated by another human however powerful he might imagine himself to be. Surrender should be to Allah alone. Besides, all humans regardless of color, nationality, race, language, or social position are equal before God.
The only criterion for superiority before God is taqwa or devotion to God:
{O men! Behold, We have created you all out of a male and a female, and have made you into nations and tribes, so that you might come to know one another. Verily, the noblest of you in the sight of God is the one who is most deeply conscious of Him. Behold, God is all-knowing, all-aware.} (Quran 49:13)
This verse upholds the equality of human dignity derived from the equality of biological origin
The above principles of Islam make it clear how the practice of slavery cuts at the very roots of Islam; and for that reason, Muslims should not fail to realize the purport of the Quranic teachings directing them to create a just society of equal human beings who are subservient to none but Allah Almighty.
An analogical situation for prohibition we can find in the matter of the prohibition of alcohol. Here the Quran adopts a process of gradual abolition until the final prohibition is declared.
By that time the Muslim society was prepared to forego the pleasure of intoxicating drinks to obey Allah’s commandments. But in the case of slavery this was not practicable.
And we may note that after the Prophet’s time, the new Muslim government in Madinah was not having a quiet time of socio-political development. There were conflicts and battles which led to the capture of prisoners of war who had to be provided for.
Unlike in modern times there were no prisons and the only option was to keep the prisoners in the custody of individual Muslims, which was in fact slavery. The Quran gives a number of provisions for the release of these prisoners.
To cite just two instances, Islam has made the freeing of slaves a means of expiation for the breaking of the fast in Ramadan as well as for the breaking of an oath.
Rich Muslims of the early period bought slaves and set them free as a deed of virtue deserving Allah’s special mercy. And as for the existing slaves the Prophet asked the slave-owners to treat them with kindness.
The Prophet insisted that their human dignity should be respected and they should be treated as brothers and sisters.
During the Prophet’s time a complete prohibition of slavery could not be practically effected as noted above, and that is why we do not find a categorical prohibition of slavery in the Quran.
And as the socio-political situation of the Prophetic times continued for some time after, neither the imams nor the jurists of the first generation could do anything about it.
In modern times slavery has ended worldwide since the international treaty for the abolition of slaverywas signed in Berlin in 1860. Today, the law doesn’t permit anyone to enslave another.
Coming to the question of the treatment of slave women: You cannot find any Quranic justification for raping a woman; not even a slave woman. None at all.
There is no reason to assume that the allowance given to slave owners to have physical (consensual) relationship with their slave women is permission for rape. Rape is physical aggression and forceful humiliation inflicted on another person; it is a violation of a person’s dignity and honor:
A Muslim is the one from whose tongue and hand the Muslims are safe. (Bukhari)
Hence rape is an abomination; and it can never be allowed on any account.
It is noteworthy in this context that if a slave woman bears her master’s child, she should be set free. Even here we see a chance for a slave woman to become a free woman.
Based on the foregoing, we can say that slavery goes counter to the fundamentals of the Quran and the Sunnah, and hence it can be declared unacceptable
Rape
Although not all victims of rape are female, it’s important to note that Islam honors women, their dignity, modesty, and chastity.
Islam forbids all illicit actions and does not allow rape under any circumstances, ever.
Rape in general is prohibited and condemned by all religions.
People of sound understanding do not accept rape and consider it an attack on victims.
Slavery
As for slavery, the original state of humans is freedom. Everyone is born free. Everyone aspires to be free.
No human likes to be put under any circumstances that limit their freedom.
Slavery existed before the advent of Islam. It was common in the pre-Islamic society.
But Islam implemented gradual measures to put an end to this practice because the setting of seventh century Arabia made it difficult to put an end to it overnight.
When Islam came, the sources of slavery were numerous. But Islam tried all possible means to cut these sources off.
When Muslims took soldiers as prisoners of war, the first measure was to free them or to exchange them with Muslim captives.
This was done with a view to maintaining the original state of freedom of humans.
Islam also widened the sources of emancipating slaves.
Emancipate Slaves!
Islam encourages Muslims to set slaves free as a voluntary act for which a Muslim is promised a great reward.
Islam urges Muslims to help slaves put an end to this state by fulfilling a deed of emancipation.
In fiqh (Islamic jurisprudence) books, such category of people is called the mukatab. We read in the Quran:
Moreover, if those whom your hands rightfully possess desire a deed of emancipation, then write it for them, if you come to know goodness in them. Moreover, give them of the wealth of God that He has given you. (Quran 24:33)
Islam made freeing slaves one of the ways of giving zakah (obligatory charity). We read in the Quran:
Indeed, prescribed charitable offerings are only to be given to the poor and the indigent, and to those who work on administering it, and to those whose hearts are to be reconciled, and to free those in bondage, and to the debt-ridden, and for the cause of God, and to the wayfarer. This is an obligation from God. (At-Tawbah 9:60)
Let me first assure you that your question has been in the minds and on the tongues of so many people before. Anyone who cares for humanity and the dignity of people will be heated when they touch upon an issue like this. But, of course, when we know what is behind the scenes, when we understand the truth, then we will know that our question should have been formed in another way.
Let’s first agree that speaking about something that does not exist in the modern world is troubling our minds with things that are not socially constructive or needed nowadays.
Speaking about slavery in this era of technology seems to be off the track or outdated, simply because we have so many other issues that represent a real challenge for Muslims and non-Muslims. Drugs, family stability, domestic violence, child abuse, world peace are nothing but a few in the long list.
You ask how sex with slaves was viewed and why, and what was the outcome of this relation
Basically, Islam came while slavery was an inherited tradition, very deep-rooted in the heart of the Arab society. Children born from a relation between a master and his slave woman were not recognized as free children. On the contrary, they were to follow the hard track of their mothers and lead a tough life of slavery and humiliation.
The very well-known Arab poet `Antarah from the tribe of Banu `Abs is an embodiment of this epic of struggle for freedom. `Antarah was the son of a member of `Abs tribe and of an African slave. The tribe neglected him as an illegitimate son or slave. But `Antarah’s personal qualities and courage gained him attention and respect. He also excelled as a great poet and a mighty fighter. When the `Abs needed him to protect them against another tribe, his father, Shaddad, acknowledged him as his son, and granted him freedom.
A master had the right to have sexual relations with his slave woman with no rights due to her. Such a relation was not socially frowned upon because it was normal in that society, but what was really awful is that the slave woman had no rights, making her simply a sex object.
Since Islam came to liberate people from the chains of being socially neglected or humiliated, Islam said that such a relationship must have certain rights. It must mark a change in the life of that slave woman and the outcome of the relation, namely the child. The child was considered free and recognized as the child of the master and no more his slave.
As for the slave woman, such a relationship meant an end to her life as a slave, for she would not be the slave of anyone after her master, the father of her child. That is, she could not be sold to anyone else, and she would be manumitted at her master’s death. This is a unique solution Islam offered to such a miserable life, and imagine what a great change it brought and how many smiles it drew on the faces of many of these agonized slaves.
When Islam came, slavery existed, no doubt about it. And when Islam wanted to ban it, it brought logical and practical solutions for that problem. Many people had their businesses based on trading in slaves and many people were already in the bondage of slavery under their masters at that time.
Let us suppose that Islam had said, overnight, “no more slavery,” what would have happened? Many people would have lost their businesses and gone bankrupt, and the economic stability of the society would have been jeopardized. Worse still, many slaves would have found themselves in the street with no shelter or ability to establish a new life.
There would have been as much chaos and lingering social and racial tensions as occurred when Abraham Lincoln banned slavery. We can still see the social and racial tensions that exist in America today.
Therefore, Islam wanted to bring slavery to an end and drain its sources but in a way that would end happily without causing disruption in the society. Islam started by limiting the sources of acquiring slaves. It prohibited raiding caravans and settled people, and kidnapping and enslaving their women and children. It highly valued the manumission of slaves, and made the freeing of slaves one way of coming nearer to Allah.
Islam made the penance for committing certain religious offenses the liberation of a slave. And above all, it established a fresh concept and obligated people to accept it, namely al-mukatabah or a contract in which a slave could pay the price of his or her freedom and get it upon the completion of installments. Islam obligated the masters to accept their slaves’ initiation of such a contract.
Furthermore, Islam established certain rights due to a female slave after she had given birth to her master’s child, namely, that she would not be categorized as a slave anymore. Rather, she would be elevated to the status of umm walad or mother of a free child, which gave her the privilege of being freed once the father of her child died. Basically, her remaining as umm walad did not really mean she was staying as a slave; rather, she was honored and respected.
Coming to the point of considering a sexual relationship with a female slave as zina(fornication or adultery), I would like to say that it was never considered so for several reasons:
1. A female slave was under the right hand of her master and he was allowed to sleep only with whoever was under his ownership. This was considered like an indirect or special wedlock.
2. The relationship itself was within boundaries and involved rights and responsibilities like the issue of umm al-walad and the freedom of the child, for example. This meant that it was, by no means, similar to adultery, which incurs no rights and establishes no responsibilities. In adultery, any passerby can sleep with a woman and just flee without taking any responsibility for any resulting child or for the woman, which is obviously not the case here.
One remaining point here is that masters did not have to sleep with their female slaves. It was something allowable but not obligatory. Yet it presented, to some extent and in certain times, one glowing way to freedom for many people who suffered slavery.
Also, the Prophet’s mission was not to eradicate slavery, but to establish rights and bring people to the point of being able to eradicate it from their own hearts first before they eradicated it from society. No one can deny that it happened ideally and practically.
Finally, regarding the hadith you referred to, I have not seen it in any of the sources within my reach. I hope you can get back to us with the source so that we can ascertain its authenticity and get its exact tex
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