The Wisdom Behind the Legality of Slavery
Question :
They say: Why does Islam not outlaw slavery?
Answer:
To Allah belongs the Most Complete Knowledge, Wis- dom, Subtlety and Mercy. He has complete Knowledge of the affairs of His creation and He is Most Merciful to His creatures, Most Wise in His creating and legislating, and He has legislated for mankind what is right for them in this world and in the Hereafter, and what will provide true happiness, freedom and equality. But this is within a just framework, and comprehensive guidance, and within limits by which the rights of Allah and the rights of the creatures are not lost. And He sent His Messengers with this Legislation, as bearers of glad tidings and warners, so whoever followed His Path and was guided by the guidance of His Messenger, he will be deserving of Blessings and will achieve success and happiness. And whoever refused to follow the path of righteousness will be afflicted by the things which he hates, such as death or slavery, as the administration of justice, and in order to achieve security and peace, and to protect individuals, their honor, and their property. For these reasons, He legislated Jihad in order to cut off the hand of the arrogant ones and to prevent the elements of corruption, to cleanse the earth of the unjust - And whichever of them falls into the hands of the Muslims as captive, it is up to their leader to choose whether to kill him if he is guilty of excessive evil and there is little hope of his reform or to forgive him, or accept a ransom from him, if his owner is of a kind and just disposition and makes it easy for him to pay the ransom - or to enslave him. Such enslavement is proper if he thinks that by him remaining among the Muslims he might improve andThe Book of Slavery straighten out his crookedness. It allows him to gain knowledge of the path of guidance and reason, and to believe in it and submit to it, by seeing the fairness of the Muslims towards him, their good relations with him and their courteous treatment of him. He will then also hear the revealed texts of the Laws of Islam and its good manners, so that his heart may be expanded (i.e., enlightened, assured and gladdened with guidance) towards Islam and Allah will make him love faith and hate disbelief, sinfulness and disobedience. At this point, he will begin a new life with the Muslims and he will have the right to obtain his freedom through a deed (of emancipation) as Allah, Most High says:
"And such of your slaves as seek a writing (of emancipation), give them such writing, if you find that there is good and honesty in them. And give them something (yourselves) out of the wealth of Allah which He has bestowed upon you. »
or by manumission as expiation of an oath, or Zihar, or a vow, or such like, or by manumission seeking Allah's Face and hoping for His Reward on the Day of Resurrection, or other types of emancipation.
By this it is known that the basis of slavery is only through prisoners-of-war or captives obtained when fighting Jihad against the disbelievers. Its purpose is to reform those enslaved by removing them from an evil environment and allowing them to live in a Muslim society, who will guide them to the path of goodness, save them from the clutches of evil, purify them from the filth of disbelief and misguidance, and make them deserving of a life of freedom in which they enjoy security and peace. So the ruling on slavery in Islam is that it is like a washroom or a public bath, which those who have been enslaved enter from one door in order to wash the dirt from themselves, then they leave by another door in a state of purity and deliverance from disease.
Source:
The Permanent Committee
Fatawa Islamiyah, Vol. 5 Pages 98-99
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