Besides these eight arguments and the counter response to them, there are four other aspects, which are significant and not worthy, in this debate:
In almost all above-mentioned tradition, the word ‘Ihsan’ and ‘Mohsin/Mohsina’ have been used for marriage and married man/woman, which has or might have manifold meanings and all of them are valid. It can be used for freedom and free man/woman as against slavery or slave-man/woman. It might be interpreted as chastity or chaste man/woman as well as Islam and Muslim man/woman. Contrary to this, there are few words that are specifically used for marriage and the married man. Is it correct to use such euphemistic terms for such a critical and serious matter in which one is meted out such an exemplary punishment if the crime is proved? For example, what if some one uses or might use the word ‘ihsan’ for getting re-involved in adultery after once withdrawing from act. In that way it might create an ambiguous situation in which the spirit of law and justice might get abused.
Throughout the debate above, the question of one’s being married, or otherwise, is over emphasized, whereas there are several situations in human life in which one despite being married leads a bachelor or celibate life, such as in case of marital discord, illness of any of the spouses or divorce between the couples. There may still be many other similar situations like when a husband and wife are away from each other due to job engagements or one of them has departed, etc. in all these hypothetical situations, a man despite being formally married remains and lives like an unmarried fellow. So putting all these multiple kinds in one category and treating them in the same manner is neither just nor justifiable.
The core principle is that ‘’each and every Prophetic tradition/Hadith is subordinate to the Quran and is to be interpreted and comprehended in the light of the Holy Book’’. By following this principle, we can avoid many conflicts and confusions that might arise in the interpretation of faith and in the realm of Fiqh. By doing so, every prophetic tradition will be well fitted in its own place like a beads work. On the other hand, if every tradition or Hadith is viewed and reviewed as a self-contained role, it may give way to a pack of dichotomies, disparities and discrepancies leading us to nowhere. As a matter of fact, this principle has been given by the Quran itself that in matters of faith and fiqah, the primary and principal source and authority is the Quran and every thing is to be explained and decided first and last in the light of the Quran.
Those who do not favor the penalty of stoning to death as a Had cannot be cast aside and condemned as ‘’apologetic Westernized lot’’.Rather there has been a great school of authentic and eminent scholars and jurists in past thirty years whose sincerity and perception of faith is beyond any doubt, but nevertheless they did not favor this penalty. Among them a few prominent names are Mulana Hameed-ud-Din Farahi, Ameen Ahsan Islahi, Imam Hasn-ul-Banna, Jaleel Ahsan Nadvi, Sadr-ud-Din Islahi, Umar Ahmed Usmani, Maulana Farooq Khan, Aligarh, Inait Ullah Subhani and Javed Ahmed Ghamidi
Next question requires information regarding the punishment for the crimes like rape, Gang Rape and Prostitution. How are such crimes proved?
The answer to this is that all above mentioned crimes fall in the list of the crimes that amount to messing on the earth. There is a law for all these crimes in Al-Maida-5:33-34 that tells that such criminals may be killed in an exemplary manner. If the state conditions are not favourable for such punishment, they should be sent in exile or should be restricted in some particular area so that the society remains safe from their evil and wrongdoing.
The second part of the question was how these crimes are proved. These claims are proved in the same manner as all other crimes in the world are proved. Our religion has not forced us to adopt some particular measure. However, the Quran has imposed a special law for the abolition fo prostitution. According to this law if the Muslim women do not refrain themselves from prostitution, four witnesses should be called to present their evidences with complete responsibility that the particular woman is known as a prostitute in the society and to themselves too. It is not essential for them to register themselves as eyewitnesses. In such a situation, if the court feels itself satisfied with the evidences after the due investigation and cross examination, guilty woman can be granted house arrest or she and her accomplices can be granted any of the punishment meant for those messing on the earth, keeping in view the circumstances.
The Quran says:
‘’If any of your (muslim) women commit fornication, call in four witnesses from among yourselves against them; if they testify to their guilt, confine them to their houses till death overtakes them or till Allah finds another way for them’’. (Al-Nisa-4:15)
The above instruction shows that it is basically state’s responsibility to take action against such prostitutes on the public complaint and to appoint at least four respectable people of locality as witnesses.
How the case of rape or gang rape would be proved if there is no eye-witness other than the affected woman herself and if she fails to prove the case, will she be tried for slander.
The occurrence of such incidents is quite possible as such criminals mostly select solitary and uninhabited places for the enactment of their evil plans. Normally, it is unimaginable that a woman would accuse a man just to defame him and would risk her own reputation. The Quran makes it clear that the law of slander is meant to tackle with the mischievous people who keep accusing innocent women of adultery. This is why the Quran has called them “Pious women’’. Hence, it is basically a law for the defence of the respectable women. It does not mean to quiten the innocent and set the criminals free. Therefore, it seems quite according to the Quranic teachings that the state must legislate in the way that all such cases are proved in the same way as all other criminal cases are proved in the world. This includes the methods like medical examinations, DNA test fingerprints, clothes of the criminal and the relevant conditions. There is no need of four witnesses in this context because it is needed only for adultery.
Whether the woman would be tried for slander if she fails to prove the case.
In fact, there are two possibilities in this context. First that her charge is true but it lacks sufficient evidence to prove the case or there is some technical fault in the evidences or the case has become weak due to the manipulation of police. Obviously the affected woman is not at fault in this situation. Second that she has accused someone just to defane him or for the sake of money. This situation has three more aspects. First whether the charge has been levied against a normal person or a man of weak character. Second that such an accusation is more harmful for the reputation of a woman than that of a man. Third that a woman just once in her life can level a false allegation as she would lose her integrity in the eyes of the court and the society after just one case. Therefore, keeping in view all such circumstances, it is mandatory that there should be a law that the affected women would not be tried by the court itself if the case is not proved. However, the affected party may sue for the claim of defamation if it believes that the case was quite fake.
If a pregnant woman sues for rape but fails to prove the case, will she be tried in the case of adultery?
It is very important question because even now hundreds of such pregnant women are behind the bars who sued for rape but failed to prove the case. Consequently they were tried by the state for adultery, as their pregnancy was a strong proof against them. This augment is wrong. The woman could have been raped but the case could not have been proved and the accused would have been given the benefit of doubt by the court of law. It is therefore proper to grant the same benefit of doubt to the appellant too. Another noteworthy point is that no woman would seek justice from the court of law if they were held guilty in this way. It would start the practice of injustice and Oppression in the country in an endless manner. Third aspect is that it is wrong to say that a woman cannot be raped without her consent. A woman can be raped on the threat of murder. She can be blackmailed repeatedly through any of her irresponsible action like her letters to someone or the similar. Fourth aspect of the matter is that the modern method of DNA test can determine whether the woman has been made pregnant by the particular man or someone else is responsible for that. The facility of such a test should be provided because it would help in lessening the incidence of such crimes. As long as this facility is unavailable in the country, the blood specimen and tissues of man and woman can be sent abroad for examination.
Keeping in view the above aspects and factors, there is a need for legislation to ensure that a pregnant woman, having failed to prove her case, will not be sued by the sate itself.
Whether the state would itself declare the claimants, who fail to prove the case, as incompetent of presenting themselves as evidences in future or the affected party would have to file a separate petition.
If such a charge is leveled against a woman, the court itself should penalize the claimants for slander while deciding the case. The affected party need not file a separate petition for that. It is so because the Quran has addressed the state and the court clearly in this matter. It says.
“Those that defame honourable woman and cannot produce four witnesses shall be given eighty lashes. And do not accept their testimony ever after.(Al-Nur-24:4)
The above Quranic verse makes it clear upon the state and the court that it is directly their responsibility. If it is left upon the discretion of the effected party, he may not contact the court due to the fear of the complicated judicial procedure, wastage of time and money, further defamation and the influence of affluent persons and the guilty of slanders would move around freely.
Therefore, it seems necessary that there should be a law enabling the court to penalize the criminals of slander itself for tarnishing the image of a respectable woman.
The matter of blood money for a woman
When a murder is done by someone erroneously, it is obligatory upon the guilty, according to Islamic instructions, to pay a particular sum of amount to heirs of the murdered as ransom and fine. This is called; Dayat; (blood money). There are three points of view about the sum of amount and the issue whether the blood money for a murdered man and a murdered woman is equal.
First point of view is that the quality of; Dayat; for a murdered man is a hundred camels or the amount equal to it where as it is half in case of a murdered woman. It is based on some weak narratives. The study of Tarjuman-ul-Quran Volumes June, July and October 1984 can be helpful in knowing about the detailed arguments in favour of this point of view. The Ulema committee of Jama,at-e-Islami, Maulana Gohar-al-Rehman and AbdulWakeel Alavi have suppprted this point of view.
The second point of view makes no distinction between the, Dayat, of a man and a woman. In order to study detailed arguments in favour of this point of view, the study of ,Fiqah-al-Quran, vol-4,6 by Maulana Umar Ahmad Usmani. Who has also written an article in favour of this stand is worth mentioning.
According to third point of view, the Quran has used the word of, Dayat, in the form of common noun which means that it has not determined quantity in Shariah. The Quran says:
He that kills a believer by mistake must pay blood-money to the family of the victim, unless they choose to give it away in alms. (Al-Nisa-4:92 (partly))
In the same way it becomes clear through the Quran that, Dayat, should be paid according to the tradition, law and practice of the society.
He who is pardoned by his aggrieved brother shall be prosecuted according to the custom and shall pay him a liberal fine. (Al-Baqara-2: 178)
It becomes clear through the above instruction that there is no determined quantity of ,Dayat,. It is upon the state to make legislation according to the circumstances.
The Prophet enforced “Dayat” during his period according to the tradition of Arabia and brought no change in it. He did not issue any clear order as a permanent religious binding by himself. Similarly, the amount of, Dayat, can be determined according to the requirements and circumstances of a period. A detailed discussion can be studied in this context in, Hudood-o-Ta, azeerat, by Javed Ahamad Ghamidy. We agree to his point of view as it is in accordance with the Quran. It justifies all Hadiths and historical narratives in a satisfactory manner and it is according to the human conscience and common sense as well.
Islam’s law of legacy and woman
It is generally objected on Islam,s law of legacy that it determines woman,s share half to that of a man. Indeed the general law is the same in Islam. However, if some aspects are kept in mind, this division would seem equitable and natural. The first thing to notice is that a woman gets an additional share in the form of dower at the time of her marriage which is given to her from the belongings of her husband. Secondly, it is man,s responsibility to meet all expenses of his wife and children after his marriage where as a woman has no such obligation. Even after her marriage her expenses are the liability of her husband. The third aspect of the matter is that the Quran has declared the shares of man and woman equal in legacy during extra-ordinary circumstances when it is feared that her personal expenses like medical treatment due to old age would exceed a certain limit. For example according to Al-Nisa -4: 11 if a person having children dies, one sixth of his legacy would go to both of his parents. Obviously both of them would be old or bordering with old age and their personal expenses including medical charges would be unusual.
The above discussion makes it clear that in fact, the shares of man and woman are equivalent if all aspects are kept in mind and the rights and duties of both the sides are duly regarded.
The Issue of Fosterage
The Muslim law attaches great significance to the lap of a mother. It is so important that a foster mother has been elevated to the status of a mother by Islam. Her children are declared spiritual brothers and sisters of her foster child and their mutual marriages are forbidden. Hence this relationship becomes so sacred that everyone has to respect it. Her husband is also like the spiritual father of her foster child.
Three legal aspects in this context must be understood well. First that the law of legacy is not applied on this relationship as it is merely a spiritual contact. Second that this relationship has no application upon the real brother and sister of the foster child and hence they are free from any restriction of marriage faced by him otherwise. Thirdly, the Al- Nisa-4:23 makes it clear that the relation of fosterage is established only when it is properly arranged. It means that this act of fosterage should take place through mutual consent of the real parent of the child and the foster mother. Moreover the foster child should be well aware of his foster parents so that he should treat their children like his brothers and sisters. This rerlationship is not established accidentally or just by calming down a weeping child or without the consent of the real parents and proper arrangement made by them.
A woman’s journey outside her home
It is said that a woman is not allowed to take a long journey outside her home alone because there are two narratives quoted in this context. According to the first narrative, the Holy Prophet said:
“It is narrated by Abu Huraira that the Prophet forbade a woman to travel for a day and night without the company of a ‘Mahram’ (A very close relative who can not enter into the bond of marriage with the individual). (Abu Dauod: Kitab Al-Mansik).
The second narrative is as under:
“It is not allowed for a woman who believe in God and the day of Judgment that she travels for three days or more without the company of her father, brother, son, husband or another ‘Mahram’ (the Muslim: Kitab Al-Hajj).
There are two more true narratives in this regard. One narrative mentions two days and nights while the other relates half day.
Both the above narrativ differ in the number of days during the journey. We know that Islam give clear instructions. If a woman’s journey without her ‘Mahram’ had been disallowed as final order there would have been just one instruction issued by the Prophet regarding the number of days. It means that this matter pertains with prevalent circumstances or any seemingly prudent measure. During the period of the Holy Prophet when his hold was not yet strong on the entire empire of the Arabian Peninsula and there was general state of unrest, it was unsafe for a woman to travel alone. It must be remembered that this journey had to take place through barren deserts occupied by unruly tribes. Therefore, it was natural for the Prophet to direct woman not to travel for more than twenty four hours without the company of some near relatives. It was all for the safety and honour of a woman. We come to know that the Prophet allowed woman to travel alone for a longer period when the circumstances became favourable. The fact that this matter is related to the conditions of peace is known to us through a narrative related by Adi Bin Hatem and registered in the Bukhari:
“ The Prophet said that there would be the time quite soon when a woman will travel on a camels back all alone from Haira (a far flung area) to Makkah for pilgrimage but she would have no other fear except the fear of God and that of wolf”.(the Bukhari : Kitab-al-Manasik: 3595)
Adi says that he himself witnessed later it happening exactly in the same manner. He witnessed that an alone woman used to come from Haira and offer her pilgrimage without the fear of anyone except God.
The above discussion proves that the matter of alone woman’s journey is based on prevailing circumstances, common sense and the prudent measures. A woman should not travel without the company of some close relative but if the gravity of the situation is lessened, she may do so. Hence, it can be said that it is a social instruction which has nothing to do with any permanent principal.
Relying themselves on the same narratives, several Muslims scholars debate whether a woman can go on pilgrimage without the company of her ‘Mahrm’. In this regard, Imam Malik and Imam Shafaee have the opinion that an alone woman can travel in the company of such pilgrims who are known for their satisfactory moral standing. Imam Ibn Hazm believes that a woman can travel even without anyone on her way for pilgrimage. He further says that she can go alone if her ‘Mahram’ is present if he can’t accompany her or is unwilling to go. We believe that both the conditions are valid keeping in view the prevailing circumstances.
Muta,a and Islam
‘Muta, a is a timely physical contact between a man and a woman where husband and wife have no rights on each other and they can’t be declared as heirs to each other. Such a woman has neither the obligation of the waiting period nor she gets proper divorce. This term means that the man uses a woman physically and sexually for a limited period on payment. Thus it is a sort of legalized prostitution. Some schools of thought consider it valid in Islam and quote certain narratives from the Bukhari and the Muslims in favor of their opinion which give an impression that ‘it was practiced during the regimes of Caliph of Islam but it was banned later by Umer, the second Caliphs, during his regime. So it appears that it is valid but it was banned by Umar through an administrative order. Since an administrative order can lose its implecation at any time it seems better to view the matter in the light of Islam because its claims of validity gives the impression as if prostitution is allowed in Islam.
It is very clear that the Quran is the only equity to distinguish right from wrong in Islam. This is the only standard and is sublimest of all. The Quran is very clear about the fact that the only possible sextual contact between a man and a woman can take place through marriage. The other possibility during the earlier period of Islam was the relationship with one’s slave-girl. It was so clear that a Quranic verse was revealed in the earlier period of Islam in this regard.
“(Successful indeed are the believers who) restrain themselves from sexual desires, except with their wives and the girl they posses, for those are lawful to them”. (Al-Muminun-23: 5-6).
Then the Quran tells us that committing fornication and meeting other woman in secret are forbidden in an Islamic society. The Quran says:
“It shall be no offence for you openly to propose marriage or indirectly to such woman or to cherish them in your heart. Allah knows that you will remember them. Do not arrange to meet them in secret and, when you meet them, speak to them honourably. (Al Baqara-2: 235).
It further says:
“(All) good things have this day been made lawful to you. The food of those to whom the Book was given is lawful to you and yours to them. Lawful to you are the free believing woman and the free woman from among those who were given the Book before you, provided that you give them their dowries and live in honour with them, neither committing fornication nor taking them as mistresses. (Al Maida-5: 5).
“Muta’a” is in fact, committing of fornication. The Quran, on the contrary, directs all believing men and women to meet each other with modesty in their eyes and a modest dress on their bodies while women are not allowed to reveal their finery upon men. The reference to (Al-Nur-24: 30-31) has already been given on the previous page.
The Quran has laid down the principles of “Nikah” in such a detail that it appears as if it is the most important thing after the basic creeds in Islam. It discusses the dower in this context. It throws light on each and every aspect of the relationship between husband and wife, determines their rights and obligations and describes the conditions for their mutual separation. Had ‘Muta’a been valid, all above exercise would have been a futile effort as’’Muta,a’ means open prostitution where people look at those women in a lusty manner, buy them for a limited period which may be upto a single night as well and then both the parties become stranger to each other. If we justify, Muta, a, in Islam all Quranic suras like Al-Baqara, Al-Maida and Al-Noor rather the whole Quranic teachings become irrelevant in the context of man-woman relationship. It is therefore, clear that, Muta,a, is completely disallowed in Islam. It is in fact adultery.
However, the case of the narratives is different. If we collect all the valid narratives in this context, they can be divided in the following groups:
1. The first group determines that, Muta,a, was declared forbidden during the Makkan period. Muta,a, was commonly practiced before Islam in the Arabian society, the following narrative can be presented as an example:
‘Ibn Ababas narrates that Muta,a, was commonly practiced and was valid in Islam during its early days. Whan a person used to go to to some unfamiliar village, he used to marry some local women. That woman took care of his belongings and kept his affairs aright (means she would meet his sexual needs too). When Al-Muminun was revealed, Ibn Abbas said that all private parts of other women are forbidden except these two. (Tirmizi- Kitab-al-Nikah)
2: According to the second group of narratives, ‘Muta,a, was forbidden from the very beginning but the Prophet overlooked its practice on some occasions during the early period of Islam. The narrative of Abu Huraira registered in the Bukhari: Kitab-al-Nikah verifies this reference. The narrative of Abdullah Bin Umar is another supporting document. Moreover, the narrative of Ayas bin Salman registered in the Muslim: Kitab –al-Nikah conveys the similar sense.
3. The third group of narrative conveys the sense that “Muta’a” was allowed just for the period of war when husbands, were at a distance from their wives. Qais has quoted a narrative of similar sense in the Bukhari and the Muslim: Kitab Al-Nikah with refernce to Abdullah Bin Masauod. Morever the narrative of Jabbir Bin Abdullah and Salman Bin Aku in both these books support this view.
4. According to the fourth group of narratives ‘Muta ‘a’ was disallowed in sixth of Hijrah three months after the pact of Hudiabya on the occasion on the War of Khyber. One such narratives has been narrated by Ibn Abbas through the reference of Ali, the fourth pious caliph of Islam registered in the Bukhari and the Muslim: Kitab-al-Nikah.
5. According to the fifth group of narrative ‘Muta’a’ was forbidden on the day of the conquest of Makkah in 8th Hijrah by the Holy Prophet. One such narrative has been recorded in the Muslim: Kitab Al-Nikah with reference to Sabrah.
6. According to the 6th group of narratives, the Prophet declared ‘Muta’a’ as forbidden a few days after the conquest of Makkah when some people had already enjoyed themselves through it. Sabrat-al-Jahni registered in the Muslim, verifies it.
7. According to the 7th group of narratives the Prophet banned ‘Muta’a’ on his last pilgrimage in 10th of Hijrah. This narrative has been narrated by Aslam Zahri with reference to Rabi Bin Sabarah and is recorded in Abu Dauod: Kitab al-Nikah.
8. According to the 8th group of narratives ‘Muta’a’ was generally allowed during the regime of the Prophet and Abu Bakar. Umar declared it disallowed during his regime later. It has been narrated as such in the Muslim through the reference of Abu Zubair and Atta.
9. The 9th group of narratives affirms without determining the period that ‘Muta’a’ was disallowed by the Holy Prophet. In a narrative of the Muslim with reference to Rabi Bin Sabrah Jahani, the exact period has not been specified. Similarly the wording of a narrative registered in the Mulim: Kitab Al-Nikah is as under.
“The Prophet said: from this day Muta’a is disallowed for you till the dooms day. Whosever has given something to a woman for Muta’a should not take it back”.
Some aspects of all the nine above quoted narratives need our attention. First that all the above narratives have valid reference. Second that all are these are contradictory to one another. If some of them find any similarity, other are so contradictory that there is no possibility of finding any common future in them. Third that there are so many contradictory narrated by one person (at times some companions of the holy Prophet and some time their successors). For example there is a narrative with reference to Ibn Abbas that Muta’a was forbidden through the revelation of Al Muminun while in another narrative he says that he used to issue a verdict regarding Muta’a. according to another narrative with his reference he had turned to his previous verdict. It is also narrated by Sabrat Jahm that Muta’a was banned a few days after the conquest of Makkah. It is narrated by Ibn Rabi as well that Muta’a was declared unlawful at the time of the last pilgrimage of the Prophet when a year had passed after the conquest of Makkah. Fourth aspect of the matter is that there are several things in these narratives which are not only contradictory to the Quran but also run counter to the refinement of one’s conscience. For example it is referred in these narratives that in the eight year after Hijrah when the Holy Prophet had established the firmness of his rule almost over the whole of the Arabian Peninsula (and a long time had lapsed after the revelation of the instructions through Al Nur) people used to hunt such women in the market places, bargain with them, glanced at the different parts of their bodies critically and hired them for Muta’a on the decided cost. According to a narrative registered in the Muslim Kitab al-Nikah, Rabi Bin Sabrah says that his father was one of the soldiers in the Prophet’s army at the time of the conquest of Makkah. He told that they stayed at Makkah for fifteen days which give the grand total of thirty by including days and nights. During this period, the Prophet allowed them to benefit themselves from Muta’a with women. Rabbi’s father along with another tribe’s man set out in search of women. The narrator was handsome than his fellow but the other fellows had a newer shawl as compared to the one he himself had. They reached the southern or northern part of Makkah where they met a beautiful girl who was young like a female camel with a long neck. They asked her whether she was ready to have Muta’a with either of them. She enquired about the wages. Both the candidates put down their shawls on the ground. She watched them keenly and Rabbi’s fellow also gazed at her from her head to her hips. Rabbi’s fellow boasted that his shawl was newer than the one his companion had. On hearing this, she expressed that there was nothing wrong with his shawl. She repeated this thing for several times. Rabbi said that he ultimately had Muta’a with her and never left her place until the Prophet disallowed the practice of Muta’a (Another narrative mentions this period as three days).
The above discussion makes it clear that the principle in the Deen is that the Quran is the authority in every matter. It has the supreme stand. If any narrative stands contradictory to the Quran, it must not be granted even the slightest weightage. The narrative is, in fact an information communicated by an individual to another individual. The real matter may take a different turn in this process of communication. A thing may slip off the memory and the likelihood of deliberate attempt of tempering in also there. All types of errors might find room despite all sorts of safety measures. On the contrary, God himself has vowed to save the Quran in its original shape. Therefore, any narrative contradictory to the Quran cannot be accepted in any case.
Here, we are confronted with another issue: Is there any justification for the above mentioned nine groups of narratives and could there be any congruity among them?
We believe that the only justification congruity could be that Mata,a, was not allowed since the beginning but its practice was at times overlooked with the intention to train the society gradually in the moral field. Moreover, this instruction had, probably not reached all muslims instantly. This is why it was practiced for some time. Anyhow the Prophet forbade its practice repeatedly. Finally, when Umar, the second pious Caliph of Islam witnessed that people still had doubts about it, he declared the enforcement of the ban on this unlawful practice in a forceful manner on the state level.
Islam and the issue of Slavery,
The Quranic verses quoted in this book deal with slaves and slave girls at certain places. It is, therefore, essential to make the Islam,s point of view clear in this context and to describe how it abolished slavery.
Slavery is not a part of Islam. According to the Quran, God has blessed humain being with dignity and he is created of the best mould. The Quran says.
‘‘We have bestowed blessings on Adam,s children and carried them by land and sea. We have provided them with good things and exalted them above many of our creatures’. (Al-Isra- 17:70)
It further says:
‘‘We created human being with the most noble image’’. (Al Tin 95:040)
God created man as a creature who was prostrated by the angels. He is granted an independent and sovereign state on earth. Any distinction made by God among people is on the basis of their respective groups and tribes so that they can be identified mutually. The Quran says: O’Mankind, we have created you from a male and a female, and made you into nations and tribes that you might get to know one another. The noblest of you in Allah’s sight is the most righteous of you’. (Al-Hujrat 49:13)
Hence, no question of slavery is left after this situation. Islam determines the law for the collective interest of all Muslims (and not only the independent Muslims). It also affirms that all Muslims are brethren to one another. The Quran says: ‘the believers are brethren ‘. (Al-Hujrat 49:9)
It is impossible to believe with the rule of this law that Islam can allow an individual to enslave another person who is at his mercy in every case. In fact, Islam has abolished this institution for ever but has taken this step gradually in order to save the society from anarchy and disorder. Those days the Arab economy was as dependent on this institution as our economy is upon interest nowadays. Every lord had sores of servants who used to person labor in the fields like agriculture, Trade and others.
Had all of them been set free immediately, they could not have found a respectable and useful place in society. Most of them were unable to earn for their souls. As a result they could have become beggars and the maid servants would have been forced to adopt prostitution. The rival forces of Islam could have exploited this situations a lot. Keeping in view all these expediencies, Islam adopted such a way for their freedom which did not ensue any serious problems and all men and women servants, gradually became an integral part of an independent Islamic society. The declarations promising it a great social virtue to set a slave free. The Quran Says: ‘Get the bondsmen free’. (Al-Balad 90:13)
During the Madinite period, the Quran declared that their rights are equal to those of all free men and women. It says:’ Serve Allah and associate none with Him. Show kindness to you parents and your kindred, to the orphans and to the needy, to your near and distant neighbors, to your fellow travelers, to the wayfarers and to the slaves whom you own. Allah does not love arrogant and boastful man’. (Al-Nisa 4:36)
In explanation to this, the Prophet not only issued clear instruction to treat well with the slaves but also enforced a law making it obligatory upon the masters to respect the human right of their slaves. Besides this, the Quran declared setting free of a slave as a source of one’s redemption in case of some sins committed by the individual.
The Quran also directed to arrange the marriage of all capable male and female slaves so that they could live in the society with high morals. The Quran says:
‘Take in marriage those woman among you who are single and those of your male and female slaves who are honest. If they are poor, Allah will enrich them with his own abundance. Allah is bounteous, knowing’. (Al-Nur 24:32)
The Quran made it obligatory upon the state to set maximum possible men and women slaves free through a special head in the government treasury known as ‘Fi-Riqab’
The centers of prostitution established by the masters of female slaves during the pre-Islamic period were abolished.
It was directed that the words of ,Fata, and ,Fatat, should be used for slaves instead of the humiliating titles (this was the usual style of calling someone with love those days) in order to change the well beset concept of people since ancient days.
Afterwards, two such steps were taken which made the number of slaves remarkably less and the future slavery was eradicated for ever. The first step was the implementation of the ‘deed of freedom’ which was a source for a slave to get freedom after the payment of some amount through an agreement with his master. The state and the public were asked to help the slave’s maximum in this context.
The Quran says:
“As for those of your slaves who wish for a deed (of freedom), free them if you find in them any promise (of earning) and bestow on them a part of the riches which Allah has given you.’(Al-Nur-24:23)
It further says:
‘(After you overpower the unbelievers in the battle, bind (your captives) grant them their freedom or take ransom from them, until war lay down its burdens. (Muhammad-47:4)
Since a person could be enslaved only as result of war, the door of slavery was closed for ever through this Quranic injunction. Thus the institution to slavery was abolished completely by Islam.