The Ruling on Slavery Today

The Ruling on Slavery Today


Question :

Is it permissible to have slaves today, when there are no lawful Islamic wars, or was this particular to the time of the Prophet only, due to the lawful Islamic wars which existed? And what is the evidence?


Answer:

There is no doubt that the wars which took place between the Prophet and the disbelievers were lawful Islamic wars, and some of those taken prisoners from among the disbelievers were enslaved. Lawful Islamic wars between the Muslims and the disbelievers continued through the time of the rightly guided Caliphs and those who came after them in the first three centuries whose goodness was attested to. They treated the captives of war in the same manner in which they were treated in the time of the Prophet, such as forgiveness to those captured, accepting ransom, slavery or death, based upon the opinion of the leader, as to whether there was any benefit to the Muslims, acting in accordance with the Qur'an and in obedience to the Sunnah of the Messenger of Allah.

Indeed, the practice of taking captives continued in accordance with the custom of the Prophet in his time, by the consensus of the scholars. So if any lawful Islamic war took place today between the Muslims and the disbelievers, and the Muslims were victorious therein and they took some of the disbelievers prisoners, it is for the leader of the Muslims to rule on those taken captive, either forgiveness, ransom, death or slavery, according to what he considers to be beneficial to the Muslims, in accordance with the Qur'an and the Sunnah. And if there are no lawful Islamic wars, then it is not permissible to establish orThe Book of Slavery institute slavery. As for one whose slavery has been confirmed as a result of a previous lawful Islamic war and his slavery continued through birth and inheritance, he remains a slave until he is granted the opportunity to obtain his freedom. And Allah is the Granter of success.


Source:
The Permanent Committee
Fatawa Islamiyah, Vol. 5 Page 99

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