🕌 Principles of Manumission in Islamic Law: Understanding the Liberation of Slaves

🕌 Principles of Manumission in Islamic Law: Understanding the Liberation of Slaves

Comprehensive Definition and Forms

Manumission in Islamic law refers to the liberation of slaves and is permitted under various forms which highlight the compassionate essence of Islamic teachings:

1. ʿAtāq (ʿAtq, Iʿtāq):

   • Definition: This means immediate, unconditional freedom granted to a slave by their owner.
   • Conditions: The owner must be free, sane, adult, and in actual possession of the slave. The declaration of freedom must be clear and direct (e.g., “Thou art free”).

2. Kitābah:

   • Definition: A contractual arrangement where the slave buys their freedom from their owner.
   • Foundations: Based on Qur’anic teachings (Sūrah 24:33), encouraging freeing slaves deemed “fit” to be freed.
   • Conditions: The slave is partially free but under certain restrictions until the payment is completed.

3. Tadbīr:

   • Definition: Conditional freedom where a slave is promised freedom upon the master’s death.
   • Conditions: The slave claims freedom upon the master’s death; offspring born during this period are also freed.

4. Istīlād:

   • Definition: Freedom granted to a female slave by bearing the master’s child, who acknowledges the child.
   • Conditions: The female slave becomes “ummu ‘l-walad” upon the birth and acknowledgment of the child by the master, gaining a status similar to that of his wife.

Cultural Differences and Historical Context

The practice of manumission within Islamic civilization greatly influenced the social and economic contexts:

• Social Justice: Islamic teachings provided a humane way to address and discourage slavery.
• Economic Integration: Slaves, upon manumission, were integrated into the social fabric, contributing to various sectors.

Synonyms and Antonyms

• Synonyms: Emancipation, Liberation.
• Antonyms: Enslavement, Subjugation.

Related Terms

1. Kaffārah: Expiation or atonement for certain sins by manumitting slaves.
2. Mukatab: A slave who has entered into a Kitābah contract.
3. Ummu ’l-Walad: A mother of the master’s child born in slavery, who gains freedom by Istīlād.

Quotations

• Qur’an, Sūrah 24:33: “And such of those as your right hands possess as crave a writing, write it out for them if ye know any good in them.”

References and Suggested Literature

• Watt, W. Montgomery. “Islamic Political Thought.”
• Lewis, Bernard. “Race and Slavery in the Middle East.”
• Rahim, Abdur. “The Principles of Islamic Jurisprudence.”

Quiz Yourself!

Emancipatory Insights by Zayna Rahman

Manumission in Islamic law serves as an illuminating example of justice, compassion, and human dignity. May we all strive towards societies illuminated by these timeless values.