Introduction

A world where human dignity meant zilch. Where a person's fate could change in an instant - from free citizen to mere property, from respected member of society to chattel to be bought and sold. This was the reality of the past, an era where the strong preyed upon the weak, where defeat in battle meant not just loss of freedom, but often the complete erasure of one's humanity.

In the earlier centuries, the practice of slavery was deeply embedded in society. Markets traded not just goods but human beings, war captives faced lifelong servitude, a creditor could seize a debtor's children as payment, and children could inherit their parents' enslaved status. This was common across civilizations - from Rome to Persia, from India to Africa - where enslaved people were considered property without fundamental rights.

The powerful saw nothing wrong with owning fellow humans, the wealthy built their fortunes on forced labor, and religious institutions often sanctioned these practices rather than challenging them. Even the most advanced civilizations - those that produced great art, architecture, and philosophy - saw nothing contradictory about building their achievements on the backs of those they had stripped of all rights.

At a time like this, Islam established legal rights for war captives that differed markedly from existing norms, created systematic paths to emancipation, and encouraged the freeing of those in bondage, emphasizing that all people, regardless of their status, possess fundamental rights and dignity.

2. The Challenge in Historical Analysis

How do we look at the past fairly, without judging it by today's standards? This is especially important when studying practices that seem very different from what we consider normal today.

2.1 The Problem Of Presentism

Presentism is the practice of judging the past using today's values. This is a common mistake when studying history, especially when looking at old practices that challenge modern sensibilities. Scholars and critics often forget that past societies lived differently, thought differently, and faced different challenges than we do. This approach can produce flawed historical understanding and introduces several logical and philosophical errors.

2.1.1 The Temporal Paradox

Presentism presents a temporal paradox, which can be outlined as follows:

• Premise 1: If current moral standards are correct and can judge the past,
• Premise 2: Then future moral standards will be more correct and can judge the present.
• Conclusion: Therefore, by presentist logic, current moral positions are also wrong.

This recursive problem shows that presentism either must accept that current moral standards are flawed (by future standards) or abandon the premise that moral development over time implies moral superiority.

2.1.2 Chronological Snobbery

The concept of "chronological snobbery," introduced by C.S. Lewis and Owen Barfield, describes the fallacy of dismissing past ideas or practices simply because they belong to an earlier era. This error relies on several false assumptions:

• a) Contemporary moral understanding is superior to all previous ethical systems.
• b) Moral progress is a linear, cumulative process.
• c) Current ethical views are the result of pure reason, not shaped by historical context.

Chronological snobbery overlooks the complexities of moral evolution and fails to recognize that each era’s values are shaped by its unique social, political, and historical circumstances.

2.2 Islamic Moral Principles

Unlike presentism, which judges historical events through today's moral lens, Islamic teachings offer timeless guidance that rises above any particular era or changing social values. The wisdom found in Islam speaks to every aspect of life and holds true whether you lived centuries ago or are facing today's challenges. Instead of needing updates or adjustments for different times and places, Islamic principles already offer answers to life's questions - whether they arose in the past, come up now, or will emerge in years to come.

2.2.1 Temporal Independence

• Unlike presentism's reliance on modern standards, Islamic ethics offers guiding principles that remain relevant across history. These principles tackle the core challenges humans face, no matter when they live.
• Values like justice, compassion, and human dignity are seen as unchanging truths rather than shifting ideas, giving people solid ground for making ethical choices across different times.
• Offers solutions that work just as well for past challenges as they do for modern problems, helping bridge the gap between different eras' views of right and wrong.

2.2.2 Methodological Consistency

• Gives complete guidance for all areas of life - from family matters to business dealings, leadership, and relationships between nations - keeping the same core principles throughout.
• Keeps its fundamental rules steady while showing how to apply them in different situations.

3. Historical Context Of Slavery

3.1 Definition

Slavery is one of humanity's oldest and most complex institutions. The Encyclopedia Britannica and Collins dictionary cites the following definitions:

"Slavery, condition in which one human being was owned by another. A slave was considered by law as property, or chattel, and was deprived of most of the rights ordinarily held by free persons." (Encyclopedia of Britannica)

Slavery is the system by which people are owned by other people as slaves. (Collins dictionary)

Dr. Nieboer's "Slavery as an Industrial System" draws a parallel between animal domestication and slavery, noting how humans applied animal husbandry principles to enslave other people, treating them as domesticated property.

3.2 Historical Practices

Slavery existed and was deeply embedded in numerous ancient societies, including Egypt, Greece, and Rome. Slaves faced harsh treatment, including violence and hard labor, with no basic rights. The law treated them as property that could be bought and sold by their owners 1 2 4 6.

3.3 Traditional Sources of Slavery

The Cambridge World History of Slavery, along with other academic sources, documents several established pathways into slavery that existed in various societies. These sources describe distinct mechanisms:

1. Debt Bondage: One of the primary sources of slavery was debt bondage, where individuals who could not repay their debts were forced into slavery.2.
2. Kidnapping and Raids: This form of slavery was particularly pronounced in Europe and later in the Americas, where organized raids facilitated the capture of individuals for sale in slave markets13.
3. Sale of Children Due to Poverty: Families facing dire economic circumstances often resorted to selling their children into servitude as a means of survival. 25.
4. War Captives: In pre-Islamic Arabia, many slaves were acquired through intertribal warfare, where capturing enemies was a common practice. These captives could be ransomed back or kept as slaves, depending on the circumstances surrounding their capture34. The dynamics of warfare thus directly contributed to the supply of slaves within various societies.

3.4 Historical Religious Traditions and Slavery

Religious texts from various traditions contain references to the institution of slavery within their respective historical contexts.

3.4.1 Judaism/Christianity Traditions

The Encyclopedia of Religion and Ethics (vol. 11) provides significant historical context through Leonard D. Gate's analysis of slavery in religious traditions. The Hebrew Bible and New Testament contain passages that reflect the social and economic structures of their times.

Within the Hebrew Bible, Exodus 21:20-21 mentions:

"When a man strikes his slave, male or female, with a rod and the slave dies under his hand, he shall be avenged. But if the slave survives a day or two, he is not to be avenged, for the slave is his money [property]."

Leviticus 25:44-46 outlines practices regarding acquisition and inheritance:

"As for your male and female slaves whom you may have: you may buy male and female slaves from among the nations that are around you. You may also buy from among the strangers who sojourn with you and their clans that are with you, who have been born in your land, and they may be your property. You may bequeath them to your sons after you to inherit as a possession forever. You may make slaves of them, but over your brothers the people of Israel you shall not rule, one over another ruthlessly."

Deuteronomy 20:10-14 describes protocols for military encounters:

"When you draw near to a city to fight against it, offer terms of peace to it. And if it responds to you peaceably and it opens to you, then all the people who are found in it shall do forced labor for you and shall serve you. But if it makes no peace with you, but makes war against you, then you shall besiege it. And when the Lord your God gives it into your hand, you shall put all its males to the sword, but the women and the little ones, the livestock, and everything else in the city, all its spoil, you shall take as plunder for yourselves." [Deuteronomy 20:10-14 ]

Later writings in the New Testament, including 1 Timothy 6:1, 1 Peter 2:18, and Colossians 3:22, continue to reference these established social structures.

3.4.2 Classical Hindu Traditions

Ancient Hindu texts provide extensive documentation of slavery within their historical context. The Rigveda (8/56/3) contains a specific reference to slaves as property: "You gave me 100 donkeys, 100 sheep that render wool, and 100 slaves." This passage shows how servants were listed alongside other valuable possessions in the period's economic system.

The Aitareya Brahman (Kaand 8, Chapter 4) records a significant ceremonial exchange during a royal coronation. The text preserves the words of Udamaya, son of Atri, who inaugurated Anga, stating: "I give you O Brahman, 10,000 elephants and 10,000 slave girls, if you call me to this sacrifice."

The Rigveda (6/27/8) documents another instance where Abhyavarti, son of Chayaman, presented female servants as gifts to Rishi Bhardavaj. The text specifically notes that these servants were "stuffed in two big wagons," providing insight into transportation practices of the period.

The Mahabharata's Aadi Parv (section 220) contains a detailed account of dowry arrangements involving Krishna and his sister Subhadra. The text records that Krishna included in his sister's dowry "one thousand fair complexioned, charming damsels with lustrous hair and adorned with gold and who were good at serving."

Kautilya's Arthashastra, a treatise on statecraft and economics, provides additional legal context, stating that "Slaves could be sold, mortgaged or even slaughtered."

These preserved texts provide direct textual evidence of how various religious and cultural traditions addressed slavery within their historical contexts.

4. Evolution of Slavery Systems

Throughout history, societies practiced human bondage in various ways. Some enslaved innocent free people - kidnapping them, forcing them into bondage for debts, or passing the status from parent to child. Others took prisoners during war, deciding their fate based on local customs and needs.

This institutionalization across different eras shows how fundamental concepts of subjugation evolved into complex systems of exploitation. To understand this evolution, we must first examine the psychological dynamics that drive such developments.

4.1 The Psychological Dynamics of War Captivity

War captivity represented one of the earliest and most widespread forms of enslavement across human civilizations. While many societies practiced various forms of bondage, the capture and enslavement of defeated enemies emerged as a common alternative to execution. This practice proved particularly significant in ancient societies across Africa, Europe, Asia, and the Americas, where war captives could be transformed into a valuable labor force or traded as commodities.

While warfare represents organized attempts at mutual destruction, the moment of capture requires an immediate shift from aggression to protection. This creates complex psychological challenges for both captors and captives:

For captors, maintaining control while ensuring survival requires:

• Managing large populations of potentially hostile prisoners
• Controlling natural retributive desires as the other group wanted to kill them
• Establishing systems of confinement and surveillance
• Allocating limited resources for prisoner maintenance
• Weighing the benefits of using prisoners' skills against the need for punishment
• Management of housing and feeding logistics

For captives, survival demands:

• Adapting to sudden loss of freedom and agency
• Development of mental coping strategies
• Managing relationships with hostile captors
• Coping with constant fear of torture and retribution
• Maintaining mental resilience under harsh conditions
• Balancing resistance with compliance
• Dealing with isolation and loss of family contact

4.1.1 Historical Treatment of War Captives

These challenges led to various approaches throughout history in handling the fate of war captives:

1. Enslavement: Most were forced into labor, often passing this status to their children
2. Ransom: Some were held until their families paid for their release
3. Military service: Skilled warriors were sometimes forced to join their captors' army
4. Execution: Some prisoners, especially leaders, were put to death
5. Public Display: Leaders paraded prisoners to show their power 346

4.2 Evolution into Formalized Slavery

This evolution can be understood through two interrelated dimensions: the development of a slave market system and the evolution of new laws that redefined the status of captives.

Market Development
Initially, captives were taken in the heat of battle and regarded as immediate rewards. Over time, however, these individuals came to be seen not only as spoils of war but as commodities with an assigned monetary value. In his seminal work, Capitalism and Slavery by Eric Williams, Williams argues that the emergence of formal slave markets was driven by the profit motive of capitalist economies. These markets introduced standardized pricing systems and auctions, integrating war captives into broader trading networks that extended across regions and continents. For example, Eltis and Richardson’s Atlas of the Transatlantic Slave Trade documents how these networks and improved transportation systems enabled the large-scale movement and sale of enslaved individuals, thus institutionalizing the practice.

Changes in Laws
As slave trading grew, laws also changed how prisoners were treated. At first, prisoners could be freed or their freedom could be bought. But over time, laws started treating them as property that could be bought, sold, and passed down to children. Writers like David Brion Davis explain in Inhuman Bondage: The Rise and Fall of Slavery in the New World how these new laws made slavery a normal part of society's business and politics.

Interrelation of Market and Legal Developments
As slave trading became more profitable, laws changed to support it. Markets grew larger, while new laws made it easier to treat people as property that could be passed down through families. What started as taking prisoners during war turned into a lasting system of forced labor that would affect societies for hundreds of years.

4.3 Emergence of Different Slavery Systems

4.3.1 American Chattel Slavery

When America first became a country in 1776, slavery was legal and would remain so for almost 90 years. The system targeted Africans and African Americans, treating them as property that could be bought and sold. Laws called "slave codes" supported this by defining what owners could do to enslaved people and limiting their rights.

The Encyclopedia Britannica defines slave codes as laws that treated enslaved people as property, not humans. Slave owners created these rules to protect both their "property" and themselves from potential rebellion. These codes later influenced the Black codes after the Civil War. The main rules were:

1. Legal Status as Property: Enslaved people were legally property - they had no rights and could be bought and sold like any other possession1.
2. Hereditary Slavery: Laws such as the Virginia law of 1662 declared that the status of a child followed that of the mother, ensuring that children born to enslaved women would also be enslaved. This perpetuated the cycle of slavery across generations and secured wealth for slave owners3.
3. Severe Punishments: Punishments were brutal - running away could mean having hands and feet cut off and being branded. A second escape attempt meant death. Any disobedience against an owner was punishable by death2. Any slave who ran away was to have his hands and feet cut off, and he was to be branded with hot iron; if he ran away again, he was to be killed. Any slave who transgressed against his master was to be killed
4. Restrictions on Movement and Assembly: Movement was strictly controlled - enslaved people needed written passes to leave their owner's property, and they weren't allowed to gather in groups12.
5. Denial of Education: Learning to read and write was forbidden - owners feared education would lead to resistance 3.
6. Legal Recourse Denied: No legal protection - enslaved people couldn't testify in court against white people, leaving them no way to fight abuse 14.
7. Encouragement of Violence: Violence was standard practice - overseers used fear and brutality to maintain control2.
8. Denial of Marriage: They were not permitted to marry.

These regulations were documented in various historical sources:

• Encyclopedia Britannica (2/779)
• https://www.britannica.com/topic/slave-code
• https://www.britannica.com/topic/African-American/Slavery-in-the-United-States

4.4 Contemporary Evolution

4.4.1 Modern Manifestations

Modern slavery affects approximately 50 million people globally, manifesting in various forms such as 13:

• Human Trafficking: The recruitment and transportation of individuals through force or deception for exploitation.
• Forced Labor: Work that individuals are compelled to perform against their will, typically under threat of punishment.
• Debt Bondage: A situation where individuals pledge themselves against a loan, often leading to endless cycles of debt.
• Forced Marriage: Situations where individuals are married against their will, frequently involving minors.
• Descent-Based Slavery: Individuals born into slavery due to their ancestry 123.

Source: https://www.antislavery.org/slavery-today/

The latest estimates indicate that the prevalence of modern slavery has worsened since 2016, with an increase of 10 million victims over this period. Notably, children represent a significant portion of those affected—over 12 million children are estimated to be trapped in modern slavery 24. 

4.4.2 Modern Conflict Dynamics

Despite international laws and claims of being more civilized, modern treatment of war prisoners often looks similar to the past. While we talk about human rights, prisoners still face abuse, forced work, and neglect.

Nazi Treatment of Soviet POWs:
During World War II, Nazi forces starved and forced Soviet prisoners of war to work, leading to the deaths of nearly three million people (USHMM). This treatment, driven by racist beliefs, was part of their larger plan to use prisoners as disposable workers—a practice that would be seen in later wars.

Japanese Forced Labor on the Burma Railway:
Japanese forces made Allied prisoners and local civilians build the Burma Railway during World War II. Workers faced severe abuse and were denied food and basic needs, similar to how prisoners were treated in earlier wars as documented here.

American Civil War – Andersonville Prison:
At Andersonville during the American Civil War, prisoners faced harsh conditions that killed many. The prison was overcrowded, food was scarce, and there was little medical care (National Park Service – Andersonville). These problems show how prisoners have long suffered from neglect.

Modern Conflict and Contemporary Detention

Abu Ghraib and Beyond:
Recent cases show that the exploitation of war captives has not fundamentally changed. At Abu Ghraib prison in Iraq, prisoners faced physical and psychological torture, forced work, and severe neglect (Human Rights Watch, 2004). This shows that despite new international laws protecting prisoners, their treatment can still be as harsh as in the past.

Israeli–Palestinian Detention Practices:
Reports on the treatment of Palestinian prisoners have always raised serious concerns regarding conditions in modern detention facilities. Investigations by organizations such as Amnesty International have documented cases where detainees face dehumanizing conditions—systematic neglect, restricted access to resources, and sometimes physical abuse—that bear striking resemblance to historical exploitation patterns (Amnesty International Report). This continuity suggests that modern states, regardless of their proclaimed commitment to human rights, can fall back on practices that echo earlier eras of captivity.

Human rights in Israel and the Occupied Palestinian Territory

Stay up to date on the state of human rights in Israel and the Occupied Palestinian Territory with the latest research, campaigns and education material from Amnesty International.

Amnesty International

The evidence from World War II, the American Civil War, and contemporary conflicts reveals a disturbing constancy: the mechanisms for exploiting war captives—whether through systematic dehumanization, resource deprivation, or forced labor—have remained remarkably similar despite claims of modernity.

5. Islamic Distinction: War Captives vs Chattel Slavery of Free People

Islam took a different approach, creating clear rules about rights and duties. It forbids enslaving free people - the only permissible category was combatants captured in legitimate warfare, and even then with strict conditions and rights.. This was very different from how other societies treated slaves and war prisoners.

5.1 Basic Principles and Key Terms

Islam approached war prisoners differently, starting with the language itself. Instead of using the term "slavery" (abid), it used words that emphasized protection and responsibility rather than ownership.

The term "slave" is prohibited in Islam.

The Prophet ﷺ explicitly addressed this linguistic distinction: Abu Huraira reported Allah's Messenger (ﷺ) as saying:

None of you must say: "My slave" (abdi) and "My slave-woman" (amati), and a slave must not say: "My lord" (rabbi or rabbati). The master (of a slave) should say: "My young man" (fataya) and "My young woman" (fatati), and a slave should say "My master" (sayyidi) and "My mistress" (sayyidati), for you are all (Allah's slave and the Lord is Allah, Most High.

Source: [Sunan Abi Dawud 4975]

The Islamic system established two fundamental principles:

1. Protection of Non-Combatants: Islam explicitly protected civilians and non-combatants from enslavement. Those who chose not to fight against Muslims were allowed protection under Islamic law through the payment of jizya (a tax that guaranteed their safety, religious freedom, and exemption from military service). This is established in the Quran:
   
   "Allâh does not forbid you to deal justly and kindly with those who fought not against you on account of religion nor drove you out of your homes. Verily, Allâh loves those who deal with equity" (60:8)
   
   
   "Fight those who do not believe in Allah or in the Last Day and who do not consider unlawful what Allah and His Messenger have made unlawful and who do not adopt the religion of truth from those who were given the Scripture - [fight] until they give the jizyah willingly" (9:29)
   
2. Strict Limitation on Enslavement: The only permissible category for captivity was active combatants captured in legitimate warfare, with strict conditions governing their treatment. The Prophet (ﷺ) emphasized this distinction in multiple hadiths:
   
   "Allah said, 'I will be an opponent to three types of people on the Day of Resurrection: -1. One who makes a covenant in My Name, but proves treacherous; -2. One who sells a free person and eats his price; and -3. One who employs a laborer and takes full work from him but does not pay him for his labor.'" (Sahih al-Bukhari 2270)

5.2 The Fallacy of Translation: Why Milk Al-Yamin is Not 'Slavery'

The fundamental misunderstanding begins with terminology itself.

The term "slave" is prohibited in Islam. While "Raqiq" meant slave in Arabic, the correct Islamic term for Captives of War is "milk al-yamin" (right-hand possessions (both men or women)) specifically referred to war captives under Islamic law. The Arabic term for slave owner carried connotations of guardianship and responsibility rather than mere ownership. Islam strictly forbade enslaving free people - the Prophet (ﷺ) warned that Allah would oppose anyone who "sells a free person and eats his price." (Sahih al-Bukhari 2270)

The deliberate mistranslation of milk al-yamin as "slavery" is to hide these important distinctions. While traditional slavery systems treated humans as property to be bought and sold at will, milk al-yamin established a temporary social relationship with mutual obligations and rights, focused on eventual integration or emancipation. The term itself - "those whom your right hands possess" - emphasized responsibility and protection rather than ownership.

This also exposes how orientalist translations have distorted Islamic history. By superimposing Western concepts onto Islamic institutions, they create false equivalencies that ignore the revolutionary reforms Islam introduced in human rights and dignity. They take the brutal Western model of chattel slavery - where humans were mere property to be bought and sold like cattle - and try to paste it onto Islam's ethical treatment of war captives. The difference is clear: while traditional slavery stripped humans of all rights, milk al-yamin gave them dignity, protection, and a way forward. Islam created many ways of liberating captives and blocked many ways of enslaving people.

5.3 Islamic Framework for Dealing With War Captives

Islam handles war prisoners based on each unique case, focusing on what's best for both society and the captive. The goal is to prevent future conflicts while helping prisoners become productive members of the community. Clear rules protect prisoners' rights while ensuring society's safety.

The system, called milk al-yamin, created temporary bonds with defined rights for both sides, aiming to eventually free the captives or integrate them into society.

Allah says in the Quran:

"So, when you meet (in fight - Jihâd in Allâh’s Cause) those who disbelieve, smite (their) necks till when you have killed and wounded many of them, then bind a bond firmly (on them, i.e. take them as captives). Thereafter (is the time) either for generosity (i.e. free them without ransom), or ransom (according to what benefits Islâm), until the war lays down its burden." [Surah Muhammad [47:4]]

• This verse mentions two options explicitly:
  • Favor (منّاً) - letting them go free
  • Ransom (فِدَاء) - accepting payment/exchange

The Muslim leader has options regarding prisoners of war, as established by Islamic law:

1. Letting Them Go Free (Al-Mann)

Explanation

This option represents the unconditional release of prisoners of war as an act of mercy and goodwill.

Proofs

• Quranic Evidence: "...thereafter (is the time) either for generosity..." [Quran 47:4]
• Historical Proofs:
  • The Prophet ﷺ released the captives of Hawazin (Sahih al-Bukhari 2539)
  • After Makkah's conquest, the Prophet ﷺ freed all Quraysh captives saying "You are all set free" despite having complete authority.
    
    The Prophet forgave the Quraysh after the conquest of Makkah. He stood on Al-Safa Mountain, on which he had long ago stood to call upon people to take the Shahada. He ordered that the people be gathered and then said "O people of Quraysh, what do you think I'm going to do with you?" "You are a relative and a kind one", replied they. "No reproach on you this day; may Allah forgive you, and He is the Most Merciful of those who show mercy. You are all set free", replied the Prophet.

2. Exchange for Muslim Prisoners

Explanation

This method involves a prisoner exchange between opposing forces, prioritizing the freedom of Muslim captives while providing a mutually beneficial resolution for both parties.

Proofs

• Quranic Evidence: "And if they come to you as captives, you ransom them" [2:85]
• Historical Context: This practice became a standard diplomatic tool throughout Islamic history for resolving prisoner situations

3. Accepting Ransom (Al-Fidaa)

Explanation

This option allows for the acceptance of monetary compensation or alternative forms of payment for prisoner release.

Proofs

• Quranic Evidence: "...or ransom (according to what benefits Islam)" [47:4]
• Historical Examples:
  • The Prophet ﷺ accepted ransom from Quraysh captives after Badr
  • Some prisoners taught Muslims reading and writing as their ransom

4. Keeping as Milk al-Yamin

Explanation

This established a temporary social relationship with defined rights and responsibilities, fundamentally different from traditional slavery. It focused on gradual integration into society with clear pathways to freedom.

Proofs

• Quranic Evidence: "...except those whom your right hands possess..." [4:24]

5. Execution

Explanation

This was an exceptional measure, typically reserved for cases of severe treachery or continued threats to community security, not a standard practice.

Proofs

• Quranic Evidence: "...smite (their) necks till when you have killed and wounded many of them..." [47:4]
• Historical Context: The case of Banu Qurayza, where execution was implemented due to their treaty violation and alliance with enemies during a critical siege

5.4 Rights and Protection

The Islamic system established extensive rights for those under milk al-yamin status. TLDR; their fundamental rights include:

• Right to education and skill development
• Clear paths to emancipation
• Legal personhood and right to own property
• Protection from abuse and exploitation
• Right to marry
• Right to enter into contracts
• Right to serve in administrative roles as executive wazirs

5.4.1 Basic Human Rights

Regarding how they must be treated, numerous hadiths provide clear instruction:

Narrated Al-Ma'rur:

At Ar-Rabadha I met Abu Dhar who was wearing a cloak, and his slave, too, was wearing a similar one. I asked about the reason for it. He replied, "I abused a person by calling his mother with bad names." The Prophet said to me, 'O Abu Dhar! Did you abuse him by calling his mother with bad names You still have some characteristics of ignorance. They are your brothers whom Allah has put under your authority. So feed them with what you eat, clothe them with what you wear, and do not burden them beyond their capacities. And if you burden them, then help them." [Sahih al-Bukhari 30]

The obligations are:

• Must clothe them from the same clothing you wear
• Must feed them from the same food you eat
• Cannot overburden them with work
• If work is too much, the owner must help them
• Hitting/physical abuse is prohibited

Zadhan reported that Ibn Umar called his slave and he found the marks (of beating) upon his back. He said to him:

I have caused you pain. He said: No. But he (Ibn Umar) said: You are free. He then took hold of something from the earth and said: There is no reward for me even to the weight equal to it. I heard Allah's Messenger (ﷺ) as saying: He who beats a slave without cognizable offence of his or slaps him (without any serious fault), then expiation for it is that he should set him free. [Sahih Muslim 1657b]

Additional rights and protections are evidenced in numerous hadith:

Messenger of Allah (ﷺ) said : "Allah has made some of your brothers as slaves under your care. So whoever has his brother under his care, then let him feed him from his food, and let him clothe him from his clothes. And do not give him a duty that he cannot bear, and if you give him a duty he cannot bear, then assist him with it.“ (Tirmidhi no. 1945, Sahih)

Allah's Messenger (ﷺ) said:

"When the slave of anyone amongst you prepares food for him and he serves him after having sat close to (and undergoing the hardship of) heat and smoke, he should make him (the slave) sit along with him and make him eat (along with him), and if the food seems to run short, then he should spare some portion for him (from his own share) (Saheeh Muslim no. 1663)

5.4.2 Legal Protection from Abuse

Multiple hadiths establish that mistreatment required immediate emancipation:

• If they are hit, they must be freed as expiation
  
  Hilal ibn Yasaf said, "We used to sell linen in the house of Suwayd ibn Muqarrin. A slavegirl came out and said something to one of the men and that man slapped her. Suwayd ibn Muqarrin asked him, 'Did you slap her face? We were seven and we only had a single servant. Then one of us slapped her and the Prophet, may Allah bless him and grant him peace, ordered him to set her free.'" [Al-Adab Al-Mufrad 176]
  
• False accusations were strictly forbidden
  
  “Whoever accuses his slave when he is innocent of what he says will be flogged on the Day of Resurrection, unless he is as he said.” (Sahih Al-Bukhari 6858)
  
• Retaliating against mistreatment
  
  "It was narrated from Samurah that the Messenger of Allah said:"Whoever kills his slave, we will kill him: whoever mutilates (his slave). We will mutilate him, and whoever castrates (his slave), we will castrate him."" (Sunan an-Nasa'i 4736)

5.4.3 Right to Education

Narrated Abu Musa:

Allah's Messenger (ﷺ) said, "He who has a slave-girl and educates and treats her nicely and then manumits and marries her, will get a double reward." (Sahih al-Bukhari 2544)

5.4.4 Leadership and Authority Rights

Remarkably, those under milk al-yamin could hold positions of religious and political authority:

Saheeh al-Bukhari has a separate chapter titled "A slave can lead the Salat (prayer)" stating that "Aisha (may Allah be pleased with her) used to be led in prayer by her slave Dhakwan." [692]

In his book "The World of Islamic Civilization", Gustave le Bon states about those in milk al-yamin status in Muslim lands that "they are part of the family". Those who wanted to be free could attain freedom by expressing their wish. But despite that, they often did not resort to exercising this right.

It shows how they could:

• Could serve as executive wazirs mediating between Imam and subjects: In the area of governance Mawardi reports that a slave was permitted to act as an 'executor wazir,' that is, a lesser wazir (minister) who acts at the direction of the Imam (head of government), mediating between the Imam and his subjects, announcing governmental appointments and military preparation of armies, carrying out commands. According to Mawardi, the slave in this position is appointed 'for the execution of affairs but not to organize them'. This authority included ministerial acts with regard to the collection and disposal of public monies.
• Permitted to announce governmental appointments
• Could handle ministerial acts regarding public monies
• Could give religious opinions (fatwas)
• Could narrate hadith: Imam Nafi was a slave and one of the best students of Abdullah Ibn Umar (companion) to narrate hadith from him. Imam Malik is one of Imam Nafi's student.

5.4.5 Leadership and Authority Rights

Slave can also be Ruler in Islam

Remarkably, those under milk al-yamin could hold significant positions, as evidenced by this hadith:

• Religious leadership (including leading prayers)
• Administrative roles (including executive wazir positions)
• Military command
• Educational authority

Narrated Anas bin Malik:Allah's Messenger (ﷺ) said, "You should listen to and obey, your ruler even if he was an Ethiopian (black) slave whose head looks like a raisin.“ (Sahih al-Bukhari 714)

5.5 Systematic Paths to Freedom

Islam created clear paths to freedom through legal and financial means, one of those means is the Mukataba contract.

The Mukataba Contract

The mukataba contract represented a formal agreement for emancipation, with its basis in the Quranic text:

"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." [Surah An-Nur, 24:33]

This verse established three principal elements:

1. Legal right to request emancipation contract
2. Criteria for acceptance based on capability
3. Financial assistance requirement

The case of Barirah provides practical example: Aisha helped her complete her mukataba contract.

Narrated `Urwa: That `Aisha told him that Barirah came to seek her help in her writing of emancipation (for a certain sum) and that time she had not paid anything of it. `Aisha said to her, "Go back to your masters, and if they agree that I will pay the amount of your writing of emancipation and get your Wala', I will do so." Barirah informed her masters of that but they refused and said, "If she (i.e. `Aisha) is seeking Allah's reward, then she can do so, but your Wala' will be for us." `Aisha mentioned that to Allah's Apostle who said to her, "Buy and manumit (free) her, as the Wala' is for the liberator." Allah's Messenger (ﷺ) then got up and said, "What about the people who stipulate conditions which are not present in Allah's Laws? Whoever imposes conditions which are not present in Allah's Laws, then those conditions will be invalid, even if he imposed these conditions a hundred times. Allah's conditions (Laws) are the truth and are more solid." (Sahih al-Bukhari 2561)

Financial Mechanisms for Emancipation

Islam created a system where the community helped pay for prisoners' freedom:

The Quran designated emancipation as a category for zakat distribution: "As-Sadaqât (here it means Zakât ) are only for the Fuqarâ’ (poor), and Al-Masâkin ¹ (the poor) and those employed to collect (the funds), and to attract the hearts of those who have been inclined (towards Islâm), and to free the captives, and for those in debt, and for Allâh’s Cause (i.e. for Mujahidûn - those fighting in a holy battle), and for the wayfarer (a traveller who is cut off from everything); a duty imposed by Allâh. And Allâh is All-Knower, All-Wise." [Surah At-Tawbah, 9:60]

This meant that:

• Community funds were specifically allocated for freeing people
• Helping others gain freedom became a religious obligation
• The financial burden wasn't solely on individuals

For umm al-walad (mothers)

If it was established that a concubine had given birth to the child of her master, she:

• Could not be sold
• Automatically obtained freedom at the death of her owner
• The child of the union was born free
• She was protected by the same marriage laws that applied to free women

It is said that 34 of the 37 caliphs of the Abbasid Empire, which lasted for over 500 years, were born out of such relationships (with concubines).

Source: "The Legal Understanding of Slavery: From the Historical to the Contemporary" [Oxford, 2012]

Can you imagine this happening in any other civilisation? The women and child, both are given protection and not let go free.

For mudabbar slaves (those promised freedom upon owner's death)

• Could not be sold under normal circumstances
• Exception existed only in cases of owner's insolvency
• Could make binding contracts for emancipation that survived financial changes

Commands to Free Slaves in Quran and Sunnah

1. Quranic Commands:

• Allah declares freeing slaves as the quality of al-Birr (Quran 2:177)
• Surah Al-Baqarah (2:177): "Righteousness is not in turning your faces towards east or west. Rather, the righteous are those who...give wealth despite loving it to...and to set slaves free..."
• Surah Al-Balad (90:11-13): "But he has not attempted to pass on the path that is steep (i.e. the path which will lead to goodness and success). And what will make you know the path that is steep? (It is) freeing a neck (slave)"
• Surah At-Tawbah (9:60): "Zakat expenditures are only for...freeing of slaves..." (This verse lists freeing slaves as one of the legitimate uses of Zakat funds)
• Surah An-Nur (24:33): "...And if any of those whom your right hands possess desire a deed of emancipation, write it for them if you know any good in them..." (This encourages accepting requests for freedom from slaves)
• Expiation of sins by freeing a slave (Quran 5:89 and 58:3)

2. Hadith:

• Prophet ﷺ said, "Give food to the hungry, pay a visit to the sick and release (set free) the one in captivity (by paying his ransom)." (Sahih al-Bukhari 5373)
• Narrated Asma: "No doubt the Prophet (ﷺ) ordered people to manumit slaves during the solar eclipse." (Sahih al-Bukhari 1054)
• "He who slaps his slave or beats him, the expiation for it is that he should set him free." (Sahih Muslim 1657)
• "He who has a slave-girl and educates and treats her nicely and then manumits and marries her, will get a double reward." (Sahih al-Bukhari 2544)
• "He who emancipates a slave, Allah will set free from Hell every limb (of his body) for every limb of his (slave's) body, even his private parts." (Sahih Muslim 1509)
• Narrated Abu Dhar: I asked the Prophet, "What is the best deed?" He replied, "To believe in Allah and to fight for His Cause." I then asked, "What is the best kind of manumission (of slaves)?" He replied, "The manumission of the most expensive slave and the most beloved by his master." (Sahih al-Bukhari 2518)
• Narrated Asma' bint Abu Bakr: The Prophet (ﷺ) ordered us to free slaves at the time of solar eclipses. (Sahih al-Bukhari 2519)
• Narrated Hisham: My father told me that Hakim bin Hizam manumitted one-hundred slaves in the Pre-Islamic period of ignorance and slaughtered one-hundred camels (and distributed them in charity). When he embraced Islam he again slaughtered one-hundred camels and manumitted one-hundred slaves. Hakim said, "I asked Allah's Messenger (ﷺ), 'O Allah's Messenger (ﷺ)! What do you think about some good deeds I used to practice in the Pre-Islamic period of ignorance regarding them as deeds of righteousness?' Allah's Apostle said, "You have embraced Islam along with all those good deeds you did." ( Sahih al-Bukhari 2538)

Freeing slaves was mandated as expiation for:

• For accidental killing: Surah An-Nisa (4:92): "And whoever kills a believer by mistake, then he must free a believing slave and pay blood money to the family [of the deceased]..."
• For breaking oaths: Surah Al-Ma'idah (5:89): "Allah will not call you to account for your thoughtless oaths, but He will hold you accountable for your deliberate oaths. The expiation for breaking an oath is to feed ten needy people with an average meal that you feed your family, or to clothe them, or to free a slave..."
• For vowing abstinence from wives (Zihar): Surah Al-Mujadila (58:3): "And those who pronounce thihar from their wives and then [wish to] go back on what they said - [there must be] the freeing of a slave before they touch one another..."

Marriage Rights

Permission for Marriage Between Slaves and Free People: The Qur'an explicitly permitted slaves to marry. Free-slave marriages were allowed, which was unique for that historical period. The texts note that slaves could marry other slaves (with owner consent) and could also marry free people, marking a significant departure from previous systems.

Revolutionary Change Compared to Other Systems of the time:

• Hindu law enforced enslavement of the free spouse who married a slave
• Roman law severely punished sexual unions between Roman women and slaves
• Roman law also enslaved children from such unions By contrast, Islamic law protected both parties in such marriages.

Free Women Marrying Male Slaves: A free woman will be permitted to marry a male slave, if she agrees and if her guardians also agree.

Protection of Marriage Rights: The system protected marriage rights through several mechanisms:

• Required consent of both parties
• Required guardian approval
• Established mahr rights for slave women
• Protected the wife's right to repudiate marriage if she gained freedom

Special Consideration for Children: The system particularly protected children through several means:

• Children of free fathers were born free
• Children of umm al-walad (slave mothers who bore their owner's children) were born free
• These children had inheritance rights
• The system prevented separation of mothers from their children

5.6 Historical Impact and Distinguished Examples

Notable Emancipations

• The Prophet Muhammad freed 63 slaves
• Aisha freed 69 slaves
• Abdurrahman bin Aouf freed around 30,000 slaves
• Numerous other companions freed slaves (Hawashi ala Tuhfat ul-Muhtaj 10/352)

Famous Freed Individuals in Islamic History

1. Religious Leaders:

• Salman and Bilal
• Ikrama and Tawus
• Zaid bin Aslam (authorities in Tafseer)

2. Scholars:

• Ata bin Rabah
• Hassan al-Basri (Authorities in Fiqh and hadith)
• Nafi (part of golden chain of Hadith)
• Ibn Sirin (son of a freed slave)
• Abu Hanifa (from family of slaves)

Bilal Ibn Rabah

Bilal Ibn Rabah, an African slave, is renowned for becoming the first Mu’addhin (the caller to prayer) in Islam. His unwavering faith and resilience against torture for his beliefs made him a symbol of dignity and perseverance. After being freed by Abu Bakr, he gained a prominent position in the Muslim community and was deeply respected by the Prophet Muhammad12.

Zayd ibn Harithah

Zayd ibn Harithah was a slave who was freed by the Prophet Muhammad and became one of his closest companions. Initially captured in a raid, he was purchased by Khadijah, Muhammad's first wife, and later gifted to Muhammad. Zayd was among the first to convert to Islam and played a significant role in early Muslim military campaigns, including the Battle of Mu'tah, where he was appointed as a commander.

Salim Mawla Abi Hudhayfah

Salim Mawla Abi Hudhayfah was initially a slave who accepted Islam and was adopted by Abu Hudhayfah ibn Utbah, a nobleman of Quraysh. After the practice of adoption was banned, he became known as a mawla (protected person) of Abu Hudhayfah. Salim rose to prominence as a leader in prayer and was highly regarded for his knowledge of the Quran, even being one of the four individuals from whom the Prophet recommended learning the Quran.

Salman Al-Farsi

Salman Al-Farsi, originally from Persia, endured a long journey of enslavement before meeting the Prophet Muhammad. After converting to Islam, he was purchased and freed by the Prophet himself. Salman became known for his wisdom and played a crucial role in advising on military strategies, particularly during the Battle of the Trench. His background as a former slave did not hinder his rise to prominence; instead, it added to his unique perspective within the early Muslim community.

Naafi’ ibn Sarjis Abu ‘Abdullah ad-Daylami (may Allah have mercy on him) 

Naafi’ was one of the most eminent tabi’oon and the greatest faqih (jurist). He was the freed slave and the most outstanding student of Ibn Umar (may Allah be pleased with him).

He was also one of the most reliable transmitters of ahadith. His chain of narration of ahadith is an example of the chain known as “the golden chain of narration”, as he related from his master, Ibn Umar (may Allah be pleased with him), who directly narrated from the Prophet ﷺ. This chain is considered the most authentic and reliable. It is also considered the most reliable by Imam Bukhari (may Allah have mercy on him).

Naafi’ was also an excellent teacher, and one of his early students was none other than Imam Malik (may Allah have mercy on him). His teachings had a huge impact on his dear student, who went on to become one of the “Great Imaams” and also wrote books such as the Muwatta.

Al-Hasan al-Basri (may Allah have mercy on him) 

He is one of the most well-known scholars and tabi’i, but not many know that he was a born-slave – both his parents were slaves. His father, Yasar, was the slave of Zayd bin Thabit (may Allah be pleased with him), scribe of the Prophet ﷺ, while his mother, Umm ul-Hasan, was the slave to Umm Salamah (may Allah be pleased with her), wife of the Prophet ﷺ.

Al-Hasan al-Basri became one of the greatest scholars of Basra. He learned under great sahabah like Uthman, Talha and many more (may Allah be pleased with them). Imam Hasan was a person of high calibre and excellence. His wisdom is extolled even today. Many scholarly works carry his name as a form of credibility. Scholars respect him for his exceptional perception and character.

They are many such slaves whose description history has failed to mention, but their works still remain alive in this modern world.

5.7 Modern Implications and Contemporary Analysis

Expert Testimony from Non-Muslim Scholars

Professor Bernard K. Freamon, in "The Legal Understanding of Slavery: From the Historical to the Contemporary" [Oxford, 2012], notes:

"Several of these verses mandate the freeing of slaves as expiation for sin or crimes and they also establish the emancipation of a slave as a meritorious and pious act, entitling the emancipator to favourable treatment in the life. For example, in verse 4:92, the lawgiver uses the important verbal phrase 'tahrir' ('liberation') to describe the action toward slaves required of one who commits an unintentional homicide. In these verses we see the underpinning for jurisprudential argument that the QURANIC VISION OF THE VIRTUOUS SOCIETY IS THAT OF A SOCIETY THAT IS SLAVE FREE."

"“Islam’s recognition of that humanity emerged from a new and powerful set of textually based values—piety, charity, an emphasis on the liberation of slaves, and an egalitarian theology and morality—giving the Islamic approach an emancipatory ethic not readily seen in other legal systems. This ethic was influential and often caused rejection of the property based motif for regulating slave ownership and emancipation of slaves by Muslims.” (Excerpt From The Legal Understanding of Slavery Allain, Jean)

Analysis by Muhammad Iqbal, The Poet

The Famous Poet Muhammad Iqbal writes:

"The idea of free labour was foreign to the economic consciousness of the ancient world. Aristotle looks upon it as a necessary factor in human society. The Prophet of Islam, being a link between the ancient and modern worlds, declared the principle of equality; and though, like every social reformer, he slightly conceded to the social conditions around himself, in retaining the name 'slavery,' he quietly took away the whole spirit of the institution."

Iqbal continues: "That slaves had equal opportunities with other Muhammadans is evidenced by the fact that some of the greatest Muslim warriors, kings, premiers, scholars, and jurists were slaves. During the days of the Early Caliphs slavery by purchase was quite unknown. Part of public revenue was set apart for [the] purpose of manumission; and prisoners of war were either freely dismissed or freed on payment of ransom. 'Umar set all slaves at liberty after his conquest of Jerusalem."

To show the dramatic transformation in status, Iqbal quotes from the autobiography of Amir 'Abdu'r Rahman Khan of Afghanistan:

"For instance, Faramurz Khan, a Chitrali slave, is my most trusted Commander-in-Chief at Herat; Nazir Ahmad Safar Khan, another Chitrali slave, is the most trusted official of my Court... In short, he has the full confidence of my life, as well as of my kingdom, in his hands. Parwana Khan, the late Deputy Commander-in-Chief, and Jan Muhammad Khan, the late Lord [of the] Treasury, two of the highest officials of the kingdom in their lifetimes, were both of them my slaves."

Iqbal concludes: "The truth is that the institution of slavery is a mere name in Islam; the idea of individuality reveals itself as a guiding principle in the entire system of Muhammadan Law and Ethics."

Source: http://www.columbia.edu/itc/mealac/pritchett/00islamlinks/txt_iqbal_1908.html

5.8 Islam paved way for its abolition. Why didn’t it put full stop at once?

The gradual approach to abolishing slavery in Islam can be understood through historical and social context:

5.8.1 Historical Context and Societal Structure

When Islam emerged, slavery was deeply woven into Arabian society and economy. As L.D. Agate observed regarding the Roman Empire, "immediate abolition of slavery would probably have led to the collapse of the society" (Encyclopedia of Religion and Ethics, vol. 11 p.602). This challenge was compounded by military realities - if Muslims unilaterally refused to take captives while their adversaries continued the practice, it could have critically weakened their strategic position.

Historical examples show why gradual rather than abrupt social change was necessary 546:

• The American Civil War's aftermath shows how formal abolition (13th Amendment, 1865) without proper societal preparation led to Black Codes and Jim Crow laws, perpetuating inequality until the 1964 Civil Rights Act.
• The French Revolution illustrates how sudden proclamations of liberty and equality (1789) without structural support resulted in a decade of chaos, ultimately enabling Napoleon's authoritarian empire by 1804.

These examples show that rapid changes in society often lead to more problems and conflict rather than quick solutions.

5.8.2 Steps to Freedom and Community Integration

Islam created two main paths to freedom:

• The Mukatabat agreement let prisoners work to earn their freedom, helping them build financial stability before being fully free.
• Islam made freeing prisoners a spiritually rewarding act, encouraging people to help others gain freedom. The Quran positioned it as both an act of atonement for sins and a path to forgiveness and attaining reward.

Both methods focused on helping freed people succeed in society rather than just releasing them without support.

5.8.3 Changing Society's Views and Practices

Islam changed how society treated prisoners in two ways:

• It taught people to treat prisoners with respect and kindness, knowing that real change comes from changing hearts, not just rules 5.
• The step-by-step approach prevented sudden economic problems for both prisoners and those who depended on their work 6.

5.8.4 Community Integration

Concerns About Promiscuity: Some scholars say that an immediate abolition could lead to societal issues such as promiscuity or moral decay if former slaves were not adequately integrated into society. The gradual process aimed to ensure that former slaves were treated with dignity and given opportunities to contribute positively to their communities .

6. Verdict of major scholars on present-day slavery

Shaykh Salih Fawzan was asked whether people can bring slaves into the Kingdom, he replied,

‘We know of no legal slavery (al-riqq al-sharʿī),’ and importing any slaves into the country would be forbidden because ‘they banned [slavery] a long time ago. https://www.youtube.com/watch?v=8hNMh32cuks

This aligns with the historical mission described by Rabi bin Amir in the court of the Persian warlord, Rustam:

"Allah has raised us to rescue whoever he wills from the slavery of (fellow) humans and to make them (devoted) servants of Allah. And to deliver them from the cage of materialism guiding them to the magnanimity of spirituality. And to liberate them from tyranny of [different religions and systems] leading them to the equity of Islam." (al-Bidaya wal Nihaya 7/46)

7. The Economic Reality Behind Western Abolition of Slavery: How Capitalism, and Not Morality on its own Ended Legal Slavery

One of the West's primary moral claims centers on the abolition of slavery, particularly in contrast to Islamic societies where they argue slavery remains codified in law. However, this narrative deserves closer scrutiny. In Western societies, particularly the United States and Europe, power structures rarely make decisions based on moral considerations alone. Instead, financial motivations drive policy changes, with moral justifications often serving as convenient packaging for economic decisions.

The rise of industrial capitalism—played a decisive role. Eric Williams, in his classic work Capitalism and Slavery (UNC Press – Capitalism and Slavery, Third Edition), argued that the surplus capital generated by slave-based economies helped finance Britain’s Industrial Revolution. Yet by the early nineteenth century, shifts in profit incentives made slave-based agriculture increasingly uncompetitive compared to wage labor. This challenges the view that moral reform was the sole cause of abolition, showing instead that economic self-interest was paramount.

Timeline of Abolition

• 1803: Denmark outlawed participation in the Atlantic slave trade
• 1807-1808: Both the United States and Britain criminalized slave importation
• 1804: Haiti became the first American nation to abolish slavery
• 1823: Cuba abolished slavery
• 1829: Mexico abolished slavery
• 1865: United States abolished slavery following the Civil War

The Economics Behind Emancipation

The transition away from slave-based economies was closely tied to the economic realities of the Industrial Revolution. In Britain, the rising industrial middle class accumulated wealth through wage labor rather than through the ownership of slaves. Adam Smith’s An Inquiry into the Nature and Causes of the Wealth of Nations (Project Gutenberg – The Wealth of Nations) critiqued the inefficiencies inherent in coercive labor systems. Building on this, Williams demonstrated that a century of sugar cultivation had depleted Caribbean soils, reducing the profitability of slave-driven agriculture. Economic historian Stanley Engerman quantified this shift by showing that—even without subtracting associated costs—profits from the slave trade and West Indian plantations amounted to less than 5% of the British economy during the Industrial Revolution (The Slave Trade and British Capital Formation).

The Rise of Industrial Capitalism

The emergence of industrial capitalism fundamentally altered labor relations. Factory owners and industrialists thrived on wage labor, which spurred innovation and fostered economic growth by treating workers as self-determining agents. In contrast, the static, coercive system of slavery became increasingly inefficient. As Williams contended, the surplus capital from slavery initially helped finance industrialization, but once free labor proved more efficient, this very surplus contributed to the system’s obsolescence.

As historian Eric Williams argues, abolition aligned with the interests of the most dynamic and growing sectors of the economy. The emerging capitalist class could simultaneously claim moral superiority while pursuing their economic interests through the promotion of free labor and wage-based employment. This convergence of economic interests and political power proved important in building the coalition necessary for abolition of slavery.

Conclusion

Islam brought new standards for treating prisoners of war at a time when harsh treatment was common. It created clear rules for protecting prisoners' rights and dignity, covering both daily life and wartime.

Critics often miss the bigger picture of how society was changing. When followed properly, Islamic guidelines led to better treatment of prisoners than was usual for that time period, setting standards that remain relevant today, marking a significant advance in human rights for its time.