﷽

In’Sha’Allah we will start by going through the Quran verses on slavery, next the hadiths, then I will be showing you all what scholars have said in regards to slavery then I will use outside sources on how slaves were treated in Islam compared to how barbaric it is in general.

Surah Al-Balad (90:12-15)

وَمَا أَدْرَىٰكَ مَا ٱلْعَقَبَةُۥ ١٢ فَكُّ رَقَبَةٍۢ ١٣ أَوْ إِطْعَٰمٌۭ فِى يَوْمٍۢ ذِى مَسْغَبَةٍۢ ١٤ يَتِيمًۭا ذَا مَقْرَبَةٍۢ ١٥

“And what can make you know what is (breaking through) the difficult pass? (It is) the freeing of a slave. Or feeding on a day of severe hunger, an orphan of near relationship.”

Surah An-Nisa (4:36)

وَٱعْبُدُوا۟ ٱللَّهَ وَلَا تُشْرِكُوا۟ بِهِۦ شَيْـًۭٔا ۖ وَبِٱلْوَٰلِدَيْنِ إِحْسَٰنًۭا وَبِذِى ٱلْقُرْبَىٰ وَٱلْيَتَٰمَىٰ وَٱلْمَسَٰكِينِ وَٱلْجَارِ ذِى ٱلْقُرْبَىٰ وَٱلْجَارِ ٱلْجُنُبِ وَٱلصَّاحِبِ بِٱلْجَنۢبِ وَٱبْنِ ٱلسَّبِيلِ وَمَا مَلَكَتْ أَيْمَٰنُكُمْ ۚ إِنَّ ٱللَّهَ لَا يُحِبُّ مَن كَانَ مُخْتَالًۭا فَخُورًۭا ٣٦

“Worship Allah and associate nothing with Him, and to parents do good, and to relatives, orphans, the needy, the near neighbor, the neighbor farther away, the companion at your side, the traveler, and those whom your right hands possess. Indeed, Allah does not like those who are self-deluding and boastful.”

We see that a way of expiating sins is through freeing slaves

Surah Al-Ma’idah (5:89)

لَا يُؤَاخِذُكُمُ ٱللَّهُ بِٱللَّغْوِ فِىٓ أَيْمَٰنِكُمْ وَلَٰكِن يُؤَاخِذُكُم بِمَا عَقَّدتُّمُ ٱلْأَيْمَٰنَ فَكَفَّٰرَتُهُۥٓ إِطْعَامُ عَشَرَةِ مَسَٰكِينَ مِنْ أَوْسَطِ مَا تُطْعِمُونَ أَهْلِيكُمْ أَوْ كِسْوَتُهُمْ أَوْ تَحْرِيرُ رَقَبَةٍۢ ۖ فَمَن لَّمْ يَجِدْ فَصِيَامُ ثَلَٰثَةِ أَيَّامٍۢ ۚ ذَٰلِكَ كَفَّٰرَةُ أَيْمَٰنِكُمْ إِذَا حَلَفْتُمْ ۚ وَٱحْفَظُوٓا۟ أَيْمَٰنَكُمْ ۚ

“Allah will not impose blame upon you for what is meaningless in your oaths, but He will impose blame upon you for (breaking) what you intended of oaths. So its expiation is the feeding of ten needy people from the average of that which you feed your (own) families or clothing them or the freeing of a slave. But whoever cannot find (or afford it) – then a fast of three days (is required). That is the expiation for oaths when you have sworn. But guard your oaths.”

Contracts for slaves to be freed (Mukataba):

Surah An-Nur (24:33)

وَٱلَّذِينَ يَبْتَغُونَ ٱلْكِتَٰبَ مِمَّا مَلَكَتْ أَيْمَٰنُكُمْ فَكَاتِبُوهُمْ إِنْ عَلِمْتُمْ فِيهِمْ خَيْرًۭا وَءَاتُوهُم مِّن مَّالِ ٱللَّهِ ٱلَّذِىٓ ءَاتَىٰكُمْ

“And those who seek a contract (for eventual emancipation) from among whom your right hands possess – then make a contract with them if you know there is within them goodness and give them from the wealth of Allah which He has given you.”

It is haram to force slaves into prostitution:

Surah An-Nur (24:33)

وَلَا تُكْرِهُوا۟ فَتَيَٰتِكُمْ عَلَى ٱلْبِغَآءِ إِنْ أَرَدْنَ تَحَصُّنًۭا لِّتَبْتَغُوا۟ عَرَضَ ٱلْحَيَوٰةِ ٱلدُّنْيَا ۚ وَمَن يُكْرِههُّنَّ فَإِنَّ ٱللَّهَ مِنۢ بَعْدِ إِكْرَٰهِهِنَّ غَفُورٌۭ رَّحِيمٌۭ

“But let them who find not (the means for) marriage abstain (from sexual relations) until Allah enriches them from His bounty. And those who seek a contract (for eventual emancipation) from among whom your right hands possess – then make a contract with them if you know there is within them goodness and give them from the wealth of Allah which He has given you. And do not compel your slave girls to prostitution, if they desire chastity, to seek thereby the temporary interests of worldly life. And if someone should compel them, then indeed, Allah is (to them), after their compulsion, Forgiving and Merciful.”

Allah ﷻ says we should provide for slaves

Surah An-Nahl (16:71)

وَٱللَّهُ فَضَّلَ بَعْضَكُمْ عَلَىٰ بَعْضٍۢ فِى ٱلرِّزْقِ فَمَا ٱلَّذِينَ فُضِّلُوا۟ بِرَآدِّى رِزْقِهِمْ عَلَىٰ مَا مَلَكَتْ أَيْمَٰنُهُمْ فَهُمْ فِيهِ سَوَآءٌۭ ۚ أَفَبِنِعْمَةِ ٱللَّهِ يَجْحَدُونَ

“And Allah has favoured some of you over others in provision. But those who were favoured would not hand over their provision to those whom their right hands possess so they would be equal to them therein. Then is it the favour of Allah they reject?”

Allah ﷻ says if we cannot find free believing women to marry, we may marry believing slave women

Surah An-Nisa (4:25)

وَمَن لَّمْ يَسْتَطِعْ مِنكُمْ طَوْلًۭا أَن يَنكِحَ ٱلْمُحْصَنَٰتِ ٱلْمُؤْمِنَٰتِ فَمِن مَّا مَلَكَتْ أَيْمَٰنُكُم مِّن فَتَيَٰتِكُمُ ٱلْمُؤْمِنَٰتِ ۚ وَٱللَّهُ أَعْلَمُ بِإِيمَٰنِكُم بَعْضُكُم مِّنۢ بَعْضٍۢ

“And whoever among you cannot (find) the means to marry free, believing women, then (he may marry) from those whom your right hands possess of believing slave girls. And Allah is most knowing about your faith. You (believers) are of one another.”

The prophet ﷺ says the slaves are our brothers and we should feed them with what we eat, clothe them with what we clothe ourselves with and we should not burden them beyond their capabilities

The prophet ﷺ says anyone who educates a slave girl, teaches her good manners, frees then marries her will get double the reward.

The prophet ﷺ ‘s words were a reminder for us to pray and for the muslims to fear Allah ﷻ regarding our slaves. سبحان الله

The prophet ﷺ ordered the muslims to free slaves at the time of solar eclipses

The prophet ﷺ says whoever frees a believing slave, Allah ﷻ in return frees one of your limbs from the fire

Aisha رضي الله عنها says about the prophet ﷺ that he never beat any of his slaves nor did he hit any of his wives

Ibn Umar the companion رضي الله عنه found marks of beating in the back of his slave and the slave says to him that he has caused Ibn Umar pain and Ibn Umar then says to him you’re free.

Zadhan then narrates the prophet ﷺ said whoever beats his slave without them committing an offence then the slave should be freed.

Even though Zadhan رحمه الله is a tabi’ee we know this is true from the prophet ﷺ himself because the Companion Suwaid Bin Muqarrin رضي الله عنه narrates this being done by the prophet ﷺ where one of the muslims got angry and slapped a slave and the prophet ﷺ himself ordered the slave to be freed.

The prophet ﷺ says none of the muslims should say “my slave girl” or “my bondsman” because we are all the slaves of Allah ﷻ. Instead the muslims were to call their slaves “my servant” or “my young man” or “my girl”.

Al Qurtubi says that Allah associates the right hand with ownership and praiseworthy qualities. The right hand is often used for good things, such as using it go give charity, and doing so discreetly that the left hand doesn’t know what the right hand spends.

It’s also the hand used for making agreements and contracts, symbolising honor and responsibility.

Translation: Allah ascribes ownership to the right hand (literally ‘what your right hands own”) for praise. The right hand is singled out for good qualities. Do you not see that it is the spending hand? It is as the Prophet said, ‘until his left hand does not know what his right hand spends. It is the hand used for making contracts. The right hand receives the banners of glory as he says: When a banner for glory is raised, the Arabs take it with the right hand.

Tafsir Al Qurtubi (6/38)

The wisdom behind slavery is breaking the evil of the disbelievers and getting them away of fighting field

Al-Musu’ah al-fiqhiyah al-Kuwaitiyah (4/196)

What is the source of slaves in Islam

When do captives turn into right hand possessions

We can never view sexual relations with a female slave nowadays from the same perspective of those who lived during those times. It is illogical to deal with historical matters without understanding their context; judging a practice as good or bad cannot be done in the abstract, separate from its context and the norms of the time.

Prostitution refers to sex outside of the socially acceptable context, but in ancient times, the concubine (like the wife) was allowed to have sex with the master as a legitimate partner. No woman would ever be allowed to have two sexual partners at the same time, so this concubine was not a sex tool to be enjoyed by the master and his relatives and friends.

She could be wed to only one person, and her rights, along with the rights of her children, were guaranteed. Ultimately, sex with the female slave provided a way to fulfill her needs, and she also gained a special status once she delivered a child, who had the same rights as the master’s other children. After bearing his child, she could not be sold and was freed upon the death of the master.

The original and natural state in which Allah ﷻ created his servants is the state of freedom, and He desires a return to that freedom. Let us all pray for the deliverance of all people from all forms of disguised slavery that exist in our world today and for the end of all manifestations of subjugation of people by others.

Some scholars mentioned the rulings regarding an owner (mawla) having intercourse with his mukatabah (a slave who has a contract of emancipation) Sufyan al-Thawri رحمه الله and Imam Ash Shafi’i رحمه الله and al-Hasan ibn Hayy, and say that if the owner has intercourse with his mukatabah, whether she consented or was forced, there is no hadd (legal punishment) on him, but he must pay her a dowry (mahr). Imam Malik رحمه الله , as reported by Ibn al-Qasim, held that no dowry is required, but the owner should be disciplined (yuʿazzar) if he knowingly committed the act, regardless of consent.

In another statement, Malik ruled that if the mukatabah was raped, the owner must compensate her for any harm or deficiency she suffers. Imam Al-Awzaʿi رحمه الله offered a stricter view. If the act was forced, the owner must receive hadd punishment, and the mukatabah is entitled to a mehr equal to that of her peers, while her contract of emancipation remains valid.

If she willingly consented, the owner is lashed fifty lashes, no dowry is required, but her kitabah continues. Al-Layth, as reported by Ibn Wahb, differentiated based on consent. If the mukatabah willingly consented, this nullifies her emancipation contract. However, if she was forced, the owner is punished with a painful physical punishment, and she is freed immediately.

Translation: Our companions Sufyan At-Thawri (d. 161 AH), al-Hasan ibn Hayy (d. 167 AH), and al-Shafi’i (d. 204 AH) said: If the owner (mawla) has intercourse with his mukatabah (a slave who has a contract of emancipation) whether she was willing or forced (mustakrahah), there is no hadd (legal punishment) upon him, but he is required to pay the mehr.

Ibn al-Qasim (d. 191 AH) reported from Malik (d. 179 AH): There is no dowry upon him, but he is to be disciplined (yu’azzar) if he knew (it was wrong), whether she was willing or forced. In another place, Malik said: If he raped (ightasaba) her, then he is liable for what harm or deficiency (ma naqasaha) she suffers.

Al-Awza’i (d. 157 AH) said: If she was forced, he is given the hadd punishment, and she is entitled to a dowry equal to her peers, and she continues with her contract of emancipation. If she willingly consented, he is lashed fifty lashes, and she is not entitled to a dowry, but she continues with her contract of emancipation. Ibn Wahb (d. 197 AH) reported from al-Layth (d. 175 AH): If she willingly consented, that nullifies her contract of emancipation (kitabah). If he forced her, he is given a painful punishment (yu’aqab ‘uqubah muji’ah), and she is immediately freed.

Mukhtasar Ikhtilaf Ulama by Imam At Tahawi (4/434)

A man was invited for a meal to a home. He then raped her and when this case was brought to Abu Bakr he had the man flogged and exiled and did not punish the woman

https://shamela.ws/book/9944/32182

https://shamela.ws/book/7861/19362#p1

https://shamela.ws/book/13174/13866#p1

. Musannaf Ibn Abu Shaybah 28422, Sunan Al Kubra Bayhaqi 16974, Musannaf Abu Razzaq 12796

Hadith in Bukhari of a slave being lashed for raping another slave, and a Hadith in Jami’ At Tirmidhi of the prophet ﷺ ordering the stoning of rapist

Ibn Qudamah mentions that a woman who is coerced into committing adultery, is not subject to ḥadd (prescribed punishment). This view is agreed upon by major scholars, including ʿUmar ibn al-Khaṭṭāb, al-Zuhri, Qatadah, al-Thawri, al-Shafiʿi, and Ahmad ibn Hanbal, as well as scholars of ra’y. This is based on a hadith of the Prophet Muhammad ﷺ: “My ummah has been pardoned for mistakes, forgetfulness, and what they are coerced into.”

During the Prophet ﷺ a woman who was coerced was brought before him, and the ḥadd punishment was lifted from her.

Similarly, during the rule of ʿUmar ibn al-Khaṭṭāb, slave women under the control of the government were coerced by young men of the ruling class. ʿUmar punished the young men responsible but did not impose any punishment on the women.

Translation: There is no hadd (prescribed punishment) on a woman who is coerced, according to the opinion of the majority of scholars of knowledge. This was narrated from ‘Umar ibn al-Khattab, al-Zuhri (d. 124 AH), Qatadah (d. 117 AH), al-Thawri (d. 161 AH), al-Shafi’i (d. 204 AH), and the scholars of ra’y (opinion). We do not know of any opposing opinion. This is based on the statement of the Prophet: “My ummah has been pardoned for mistakes, forgetfulness, and what they are coerced into.”

It is also narrated from ‘Abd al-Jabbar ibn Wa’il, from his father, that during the time of the Prophet, a woman was coerced, and the hadd punishment was lifted from her. This was reported by al-Athram (d. 261 AH).

It is said that during the time of ‘Umar, slave women under the control of the ruling authority were coerced by young men belonging to the government. ‘Umar punished the young men but did not punish the women.

Sa’id ibn al-Musayyib narrated through his chain from Tariq ibn Shihab that a woman was brought to ‘Umar for committing adultery. She said: “I was asleep, and I only woke up to find a man on top of me.” ‘Umar let her go and did not punish her, as her claim of coercion created doubt. This is because coercion (ikrah) introduces doub, and prescribed punishments (hudūd) are lifted in the presence of doubt.

There is no difference between coercion by physical force (where a woman is overpowered) and coercion by threats, such as the threat of death or similar harm. Ahmad ibn Hanbal explicitly stated this in a case where a shepherd encountered a woman who was dying of thirst. She asked him for water, and he said to her: “Allow me access to yourself, and I will give you water.”

Ahmad ruled that her actions were out of necessity and that she bore no responsibility. Similarly, it was narrated from ‘Umar that a woman asked a shepherd for water. He refused to give her any unless she allowed him access to herself. She complied out of necessity, and this was brought to ‘Umar. He asked ‘Alī ibn Abi Talib: “What do you think about her case?” ‘Alī replied: “She was compelled by necessity.”

Umar then provided her with assistance and left her without punishment.

Al Mughni By Ibn Qudamah (12/347-348)

Shayk Al Islam Ibn Taymiyyah says If a person abuses or corrupts a slave, the slave may be freed, and the offender must compensate the owner. Scholars such as Mālik and Aḥmad ibn Ḥanbal support this view, and it is based on reports from the Prophet ﷺ and his companions like ʿUmar ibn al-Khaṭṭāb. If a slave woman willingly engages in adultery, her value to her master diminishes because she is now considered sinful, and her master may no longer wish to use or maintain her as before. The offender who corrupted her must compensate the master by replacing her or paying for her reduced value. If the woman is coerced into the act, it is treated as muthlah (abuse).

Forced intercourse is equated with destruction, and as a result, the slave is freed. For instance, if a man forces his male slave into sodomy or his female slave into an immoral act, the slave becomes free as a consequence.

Similarly, if a man coerces someone else’s slave, the slave is freed, and the offender is liable to compensate the owner.

Translation: Whoever mistreats or mutilates their slave causes them to be freed as a consequence. This is the view of Mālik, Ahmad, and others, and it is supported by authentic reports attributed to the Prophet and his companions, such as ‘Umar ibn al-Khattab, as mentioned elsewhere.

This hadith aligns with these three principles, which are established through evidence and conform to fair reasoning.

If a slave woman willingly submits to a man, she becomes corrupted in the eyes of her master. Her act of consenting to adultery makes her a sinner, which diminishes her value as a slave. Her master can no longer use her as before due to his aversion to her and the potential conflict between the two.

Additionally, the master might desire her sexually, making it difficult to maintain a proper master-slave relationship.

These factors render her unfit for the purpose for which she was originally owned. In such cases, when someone damages another’s property (e.g., a slave) in a way that reduces its value, the owner has the right to demand compensation equal to the loss. Thus, the judge rules in favor of her master by granting her replacement or equivalent value.

If the slave woman consented to remaining under her master’s ownership while the offending man paid for the reduction in her value, this arrangement would not be rejected. The ruling here pertains to her right to claim compensation for what was made permissible (the damage to her value).

Therefore, if a man corrupts a slave woman belonging to another by causing her to willingly commit adultery, the owner of the slave woman has the right to demand compensation or her replacement.

This follows the principle that compensation is required whenever damage occurs, as far as it is possible to fulfill. If, however, the man coerces her into adultery, this act is considered a form of muthlah (abuse or mutilation), since forcing someone into illicit intercourse amounts to mutilation.

Sexual intercourse, in this context, is equivalent to destruction. For this reason, it is said that if a man forces his own male slave into sodomy, the slave becomes free as a consequence of this act. Similarly, when a man forces someone else’s female slave into illicit intercourse, she is freed, and the man is liable to compensate the slave’s owner.

In cases where a man coerces a slave woman into adultery, her freedom is granted due to the abuse she endured, and compensation is owed to her master. Her forced participation means that the act cannot be considered a mutual service; instead, it is classified as damage.
Thus, the man who caused her corruption must provide a replacement, as in cases where the act was consensual.

The slave is also freed because she was subjected to muthlah (abuse). It can also be argued that this ruling applies universally: if a man forces his own slave into an immoral act, the slave becomes free, and if a man forces another person’s slave, she is freed and he must compensate her owner.

Majmu Al Fatawa by Ibn Taymiyyah (20/565-566)

https://youtu.be/JlVy67TfX4g?si=REIzhvbB8RnYAWVx