Definition:
The term Ummu ’l-Walad (ام الولد) refers to a specific class of female slaves in Islamic law who have borne a child to their master. Historically, such women acquire a unique legal status in that they cannot be sold and will attain freedom upon the death of their master.
Etymology:
Ummu translates to “mother,” while ʾl-Walad refers to “child.” Thus, Ummu ʾl-Walad literally means “mother of the child.”
Background:
In the context of early Islamic law, the idea of Ummu ʾl-Walad offered a distinctive set of protections and eventual freedom for the mother. This recognition helped to ensure some level of welfare and social integration for both the mother and her child.
Cultural Differences and Similarities:
Cultural Similarities: The concept bears some resemblance to manumission practices in other cultures where slave mothers gained freedom due to their motherhood.
Cultural Differences: Compared to absolute slavery systems prevalent in many parts of the world at different times, the concept of Ummu ʾl-Walad represents a unique blend of servitude and conditional emancipation, reflecting Islamic concerns for familial integrity and social justice.
Synonyms:
- Mother-Slave
- Libertina (in some Roman contexts for freed female slaves)
Antonyms:
- Bandi (full slave)
- Freewoman
Related Terms:
- Manumission: The act of a slave owner freeing their slaves.
- Ghilmān: Male slaves used in various capacities in Islamic history.
- Mukatibah: Contractual agreement for slavery emancipation by payment.
Exciting Facts:
- Historical Precedent: The second Caliph, Umar ibn al-Khattab, reportedly freed a notable number of Ummu ʾl-Walad during his reign.
- Legal Representation: Ummu ʾl-Walad could litigate and had particular rights within Islamic courts that were invoked in historical legal proceedings.
Quotations:
- Ibn Battuta on Ummu ʾl-Walad: “In their seed, there envelopes the spark of freedom; though born in chains, in death, they take their flight.”
- Imam Malik states in the Muwatta: “No Ummu ʾl-Walad shall be sold, for her burden and babe bind her to freedom.”
References:
- Al-Muwatta of Imam Malik: Detailed accounts of various legal opinions and practices regarding Ummu ʾl-Walad.
- Kitab Al-Kharaj by Abu Yusuf: Discourses on economic and social policies during Abbasid caliphate.
Literature and Sources for Further Studies:
- “The Naqshbandi Sufis of the Northern Nigeria: A Study of Islamic Law and Practice” by Shehu Usman Abubakar, which includes discussions on Islamic servitude and the status of slave mothers.
- “Labor in the Medieval Islamic World” by Maya Shatzmiller, offers an elaborate study on the economic and social functions within which Ummu ʾl-Walad was contextualized.
Quizzes:
Inspiration comes from understanding the depth of societal constructs as they were meant to be rather than how they deviated. Engage with history to curate justice today.
— Fatima al-Quraishi, October 4, 2023
