Is voluntary slavery Islamic?
The Qur'an addresses the issue of slavery and the treatment of slaves in several verses, emphasizing humane treatment and the encouragement of emancipation. For instance, in Surah An-Noor, it states: And let those who cannot find a match keep chaste till Allah give them independence by His grace. And such of your slaves as seek a writing (of emancipation), write it for them if ye are aware of aught of good in them...
24:33. This verse highlights the importance of allowing slaves to seek their freedom and encourages masters to assist them in this process.
The concept of voluntary slavery, or mukataba, is also discussed in the tafsir literature. Ibn Kathir explains that the verse encourages masters to help slaves emancipate themselves, and this is viewed positively within Islamic teachings. The process of mukataba allows slaves to negotiate their freedom by paying a specified amount to their masters, thus granting them a form of autonomy and the ability to achieve independence.
Additionally, both Sunni and Shia scholars emphasize that forcing slaves into degrading situations, such as prostitution, is forbidden. The Qur'an explicitly states, Force not your slave-girls to whoredom that ye may seek enjoyment of the life of the world, if they would preserve their chastity
24:33. This prohibition indicates that any form of slavery that involves coercion or exploitation is not in line with Islamic principles.
In summary, while Islam acknowledges the existence of slavery in historical contexts, it promotes the humane treatment of slaves and emphasizes their right to seek freedom. The concept of voluntary slavery, particularly through agreements like mukataba, is recognized, but it must align with the ethical guidelines established in the Qur'an.
Sources
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24:33 · An-Noor
24:33 · Muhammad Marmaduke Pickthall
وَلْيَسْتَعْفِفِ ٱلَّذِينَ لَا يَجِدُونَ نِكَاحًا حَتَّىٰ يُغْنِيَهُمُ ٱللَّهُ مِن فَضْلِهِۦ ۗ وَٱلَّذِينَ يَبْتَغُونَ ٱلْكِتَٰبَ مِمَّا مَلَكَتْ أَيْمَٰنُكُمْ فَكَاتِبُوهُمْ إِنْ عَلِمْتُمْ فِيهِمْ خَيْرًۭا ۖ وَءَاتُوهُم مِّن مَّالِ ٱللَّهِ ٱلَّذِىٓ ءَاتَىٰكُمْ ۚ وَلَا تُكْرِهُوا۟ فَتَيَٰتِكُمْ عَلَى ٱلْبِغَآءِ إِنْ أَرَدْنَ تَحَصُّنًۭا لِّتَبْتَغُوا۟ عَرَضَ ٱلْحَيَوٰةِ ٱلدُّنْيَا ۚ وَمَن يُكْرِههُّنَّ فَإِنَّ ٱللَّهَ مِنۢ بَعْدِ إِكْرَٰهِهِنَّ غَفُورٌۭ رَّحِيمٌۭ
And let those who cannot find a match keep chaste till Allah give them independence by His grace. And such of your slaves as seek a writing (of emancipation), write it for them if ye are aware of aught of good in them, and bestow upon them of the wealth of Allah which He hath bestowed upon you. Force not your slave-girls to whoredom that ye may seek enjoyment of the life of the world, if they would preserve their chastity. And if one force them, then (unto them), after their compulsion, lo! Allah will be Forgiving, Merciful.
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Tafsir Ibn Kathir on 24:33
Tafsir Ibn Kathir · 24:33
These noble and clear verses contain several rulings that are decisive and commands that are obligatory. The verse (24:33), "And marry the unmarried among you and the righteous among your male and female slaves," commands marriage. A group of scholars holds that marriage is obligatory on anyone who is able, citing the hadith of the Prophet Muhammad ﷺ: "O young men, whoever among you can afford to marry, let him marry, for it helps lower the gaze and guard the chastity. Whoever cannot, then let him fast; for fasting is a shield for him." Reported by Ibn Mas'ud. Also recorded in the Sunan collections—though less strongly authenticated—is a hadith in which the Prophet ﷺ said: "Marry, multiply, and multiply offspring, for I will boast of your numbers among the nations on the Day of Resurrection," and in another narration, "even by miscarriage." The term "al-ayama" (unmarried) is the plural of 'ayyim and refers to a woman without a husband or a man without a wife, whether they had been married before and separated or never married at all. This is supported by linguistic authorities. Regarding the phrase, "If they are poor, Allah will enrich them from His bounty; and Allah is All-Encompassing, Knowing," Ali ibn Abi Talha reported from Ibn Abbas that Allah encourages marriage and commands it for both free persons and slaves, promising them enrichment if they marry. Similarly, Ibn Abi Hatim narrated that Abu Bakr al-Siddiq said: obey Allah in what He commanded concerning marriage, and He will fulfill His promise of wealth. Ibn Mas'ud advised: seek wealth through marriage, a meaning reinforced by the verse. This is documented by Ibn Jarir and Al-Baghawi from Umar with similar wording. From Laysh, via Muhammad ibn Ajlan and Sa'id al-Maqburi from Abu Hurayrah: the Prophet ﷺ said, "There are three people upon whom Allah has a right to help: the one who marries seeking chastity; the one who contracts a debt intending to repay; and the warrior struggling in the cause of Allah." Narrated by Ahmad, Tirmidhi, Nasa'i, and Ibn Majah. The Prophet ﷺ even married a poor man who owned nothing but a waistcloth and could not afford a metal ring, and the Prophet arranged his dowry so he could teach her what he memorized of the Qur'an. It is customary from Allah's generosity and kindness that He provides for them sufficiently. As for the saying that claims a hadith: "Marry the poor; Allah will enrich you," it has no authentic origin, and no strong or weak isnad has been found, and the Qur'an itself speaks explicitly about that matter, as seen in this and other authentic hadith reported. The verse also says: "And let those who find not the means to marry keep themselves chaste until Allah enriches them of His bounty." This is an order from Allah to those unable to marry to avoid unlawful relations and maintain chastity, as the Prophet ﷺ instructed in the hadith about young men. This verse is general, while a related verse in Surah An-Nisa (4:25) is more specific, dealing with marrying chaste believing women or believing slave girls, advising patience if one fears hardship and that patience is better because children born would be delicate, emphasizing Allah's forgiveness and mercy. Ikrimah explained that "those who do not find marriage" refers to a man who looks at a woman with desire; if he has a lawful wife, he should satisfy himself with her, but if not, he should focus on worship until Allah provides for him. Regarding the phrase "And those who seek a contract from among those whom your right hands possess, write a contract for them if you know any good in them," this is a command from Allah to masters who have slaves requesting emancipation through a contract (mukataba), conditioned on the slave having means and earnings to repay the agreed sum to the master. Many scholars interpret this command as a guidance and recommendation, not an obligatory mandate; the master has the discretion to accept or decline the slave's request. Al-Thawri, citing Jabir and al-Sha'bi, Ibn Wahb, Isma'il ibn 'Ayyash, 'Ata ibn Abi Rabah, al-Hasan al-Basri, and others narrate that the master may choose to accept or reject, whereas others hold it is obligatory based on the apparent wording of the verse. There is a report from the companions of the Prophet that Umar ibn al-Khattab once insisted that a slave named Sirin must be granted his mukataba despite the master's refusal, with Umar reciting the verse, and forcing compliance. Regarding "If you know any good in them," scholars have differed about its exact meaning—some say it means honesty, others trustworthiness, or wealth or ability to repay. Abu Dawud reported from Yahya ibn Abi Kathir that the Prophet ﷺ said concerning this verse: "If you know that he has a profession, do not assign two contracts to the same person." Allah says, "And give them from the wealth of Allah which He has bestowed upon you." Scholars differ: some say it means to forgive part of the debt; others say a quarter; some say a third; others that a portion without a fixed measure is to be forgiven. Another view is that it refers to the share of zakat wealth allocated to slaves seeking emancipation—this was the opinion of al-Hasan, 'Abd al-Rahman ibn Zayd ibn Aslam, and others. Ibn Jarir preferred this view. Ibrahim al-Nakha'i and others said this command encourages masters and others to assist slaves in repayment. Ibn Abbas reported that Allah commanded believers to help free slaves; the Prophet ﷺ said: "Three have a right on Allah to assist them," among them the mukatab seeking to repay. On the verse about not forcing slave girls into prostitution: This was a prohibition against the pre-Islamic practice by some people who sent their slaves to commit fornication and claimed a tax from them. The verse prohibits this exploitation explicitly. The cause of revelation is reported to be the case of Abdullah ibn Ubayy ibn Salul, a hypocrite leader who forced his slave girls into prostitution for revenue and to have children, asserting authority unjustly. This is supported by multiple traditions. Various narrations mention a slave girl named Mu'adhah or Musayka, forced by him to commit fornication, resisting until Allah revealed these verses prohibiting such abuse, affirming that Allah is forgiving and merciful after such coercion. The phrase "If they seek protection" has no clear meaning; it may mean desire for chastity, and "that you seek the worldly life" refers to the financial gains or dowries from their forced prostitution, which the Prophet ﷺ forbade. Finally, Allah promises that He is forgiving and merciful to those whom coercion was applied, placing the sin on those who forced them, as explained by prominent companions and scholars. The verse concludes referencing the Qur'an as containing clear signs and examples from past peoples who disobeyed Allah's commands, serving as admonition for the pious. Ali ibn Abi Talib remarked that the Qur'an contains judgments among people, news of previous nations, and tidings beyond, providing clear guidance, warning that leaving it leads to destruction and seeking guidance outside it leads to misguidance.
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