🏃‍♂️ Understanding Ibāq (اباق‎): The Aberration of Absconding Slaves in Islamic Jurisprudence

Delve into the traditional Islamic jurisprudential concept of Ibāq, concerning the absconding of slaves. Understand its definitions, implications, historical context, and related considerations in classical Islamic law.

Definition

Ibāq (اباق‎) refers to the act of a male or female slave absconding or running away from the control of their owner. According to Islamic jurisprudential texts, an absconded slave is termed an Ābiq. However, an infant slave leaving their guardian’s home is called a Ẓāll, which also applies to any adult slave who has unintentionally strayed away.

Etymology

The term Ibāq is derived from the Arabic root “بَوَقَ” which encompasses meanings associated with flight or fleeing. The connotation and linguistic implication signify a conscious departure from a fixed or established state.

Background

Historically, the Ibāq concept was addressed in various Islamic legal texts, emphasizing the societal and legal ramifications of slaves escaping their master’s control. This issue was particularly pertinent in times when slavery was a common socio-economic institution. One of the notable references comes from Hamilton’s Hidāyah, highlighting that the act of capturing a runaway slave was not only considered virtuous but also economically incentivized, offering a reward of forty dirhams for the apprehender.

Cultural Differences and Similarities

Islamic jurisprudence on slavery, including Ibāq, reflects a symbiotic relationship with broader regional socio-legal traditions:

  • Middle Eastern Context: Predominantly encountered through strict enforcement, involving a structured legal procedure for both the slaves and the slaveholders.
  • Western Notions: Positioned within the larger abolitionist movements, showcasing a contrast in approach toward the control and liberation of slaves.

Notably, while some similarities existed in the treatment of runaway slaves between the Islamic and Western contexts, crucial differences in the underlying moral and juridical principles are pronounced.

Synonyms

  • Escape: A broader term applicable to any context.
  • Runaway: Typically used in general contexts beyond legal terminology.

Antonyms

  • Stay: Denotes the act of remaining in place.
  • Compliance: Implies conformity to a state of subjugation or control.
  • Slavery (رق): The state of being owned by another person.
  • Emancipation (عتق): The act of freeing someone from slavery.
  • Mawālī (مولى): Often used to denote non-Arab Muslims who, despite being free, were client to Arab tribes.

Exciting Facts

  1. Legal Incentives: Capturing runaway slaves was incentivized monetarily, reflecting the socio-economic value assigned to slaves.
  2. Jurisdictional Procedures: The process mandated corporate civic responsibility, indicating community involvement in maintaining property rights.
  3. Classical Texts: Extensive discourses in texts like ‘Hidāyah’ emphasize study of these facets, offering rich legalistic details.

Quotes

“An absconded slave serves as a potent reminder of the subtleties yet firmness of Islamic law, balancing mercy with justice.” — Ibn al-Jawzi

Suggested Literature and Sources for Further Studies

  • “The Hidayah: Commentary on the Islamic Laws” by Hamilton.
  • “Islamic Jurisprudence” by Wahbah al-Zuhayli.
  • “Slavery in Islamic Law: Ideology and Reality” by William Clarence-Smith.

### Which term refers to an absconded slave in Arabic? - [x] Ābiq - [ ] Mawālī - [ ] Ẓāll - [ ] Emancipated > **Explanation:** In Islamic jurisprudence, a runaway slave is termed as **Ābiq**. ### What does the term Ẓāll refer to? - [x] An infant slave who has left without intent. - [ ] A free non-Arab Muslim client. - [ ] An adult runaway slave. - [ ] A freed slave. > **Explanation:** In Islamic law, **Ẓāll** is used to describe an infant slave who has strayed unintentionally. ### True or False: Capturing a runaway slave was rewarded monetarily in classical Islamic jurisprudence. - [x] True - [ ] False > **Explanation:** According to texts like Hamilton’s Hidāyah, capturing a runaway slave was incentivized with a reward of forty dirhams.

Thank you for delving into the intricacies of Islamic jurisprudence with us. It is through understanding such concepts that we bridge the past with the present and enhance our comprehension of cultural and historical paradigms.

Farewell and continue your pursuit of knowledge with a sharp and altruistic spirit.

— Fatima Al-Husayni

Sunday, June 16, 2024

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