Islam arrived on the scene when slavery was already a deeply rooted social habit. Islam addresses this issue by first and foremost never placing the acquisition of slaves as a demand of religion. This means that when the institution of slavery is absent altogether from Muslim society, the divine law remains complete. Secondly, it limits the acquisition of slaves by confining it to the war prisoners, specifically those that could not be ransomed, thus forbidding the enslavement of a free person. This is how God gives mastery to those who fight in His ways, over those that seek to extinguish the light of truth.
As ordained by Islam and as will be seen in details later on, it is but the most logical and humane manner of dealing with the enemy in war; they could obviously not free them at once and re-ignite the war, nor execute them all, nor set up a camp for them in which they would overburden state treasury and demand inefficient logistical organization with poor spiritual and psychosocial impact, but instead were sent among the Muslims themselves who were to treat them as quasi-members of the household
"they (slaves or servants) are your brothers, and Allah has put them under your command. So the one under whose hand Allah has put his brother, should feed him of what he eats, and give him dresses of what he wears, and should not ask him to do a thing beyond his capacity. And if at all he asks him to do a hard task, he should help him therein".
These former enemies could see and experience first hand the values and morals of Islam, after which they could eventually be freed. From all the ways that provided an avenue for slave acquisition, the Quran kept only one, as already said because of it being a logistical necessity, and more importantly, helped protect the captives’ lives as well as offer them a possibility of reform. Possession of slaves in Islam is therefore unrelated to financial wealth. When slaves were bought, it was for the purpose of emancipating them immediately as a righteous benevolent action or to atone for a sin. They only could be acquired as collateral war prisoners, together with their belongings brought at the battlefield such as horses, camels, useful weapons. If they weren't ransomed in exchange of Muslim war prisoners at the hands of the enemy, they were then distributed in Muslim households in which the Islamic label of a "slave" would make the best western modern system of social care pale in comparison
"Narrated Anas: I served the Prophet for ten years, and he never said to me, "Uf" (a minor harsh word denoting impatience) and never blamed me by saying, "Why did you do so or why didn't you do so?"
That is why the prophet in a reported case advised against the freeing of a particular slave, although he and the Quran repeatedly encouraged and freed slaves indiscriminately. Some people are better off living and benefitting from that Islamic system than to be left in society to fend for themselves
"Narrated Maimuna, the wife of the Prophet that she manumitted her slave-girl and the Prophet said to her, "You would have got more reward if you had given the slave-girl to one of your maternal uncles".
To further corroborate that principle, the prophet said about the one
"who has a beautiful slave girl, so he teaches her good manners, then he frees her, then he married her seeking the Face of Allah by that; then he will be given his reward twice".
Wars, past and present, justified or not, result in death, destruction and misery. The defeated party is always the one bearing the brunt of suffering. Among the consequences of wars, oppression, economic blockades, geopolitical bullying, post colonial damage and the like, that we see till this day, are asylum seekers and refugees fleeing their homeland. Many of them die in the process, never see their families again or simply dont succeed and go back home without a solution. Looking realistically at the situation, one has to determine what would be the best course of action for the victor, ethically, spiritually and economically. Whether they retreat with the loot, in addition instauring a system that keeps drawing upon the local wealth, turning their backs and "closing their borders", or whether they deal with the collateral damages. Once a party is defeated, its resources, including human are at the mercy of the victor. Families lose their pillars of support, leaving women and children helpless. Male refugees die by the hundreds till this day, seeking to feed their families back home, as stated earlier due to all types of oppression. Most of the time for these women, returning to their families adds more misery to an already impoverished community whose resources are lost or to be shared with the victorious party. That is not to speak of the general state of confusion in a community following defeat in war, adding burden upon burden for those left behind. The inevitable result is exile and more misery, or joining the victor whose increased wealth can afford extending the household to war captives and their children. This is the most pragmatic scenario in a war situation.
Muslims are warned however that even in a context of legitimate war, they can never be motivated by the perspective of capturing prisoners or acquiring any type of material gains over the main objective, the complete and entire defeat of their enemies and oppressors 8:67-71. The Quran relates in 8:5-8 how Allah tested the believers' motives in battle in order to purge them from their greed; if they would run after the booty or stand firm with the prophet to defend Islam. When the acquisition of slaves became restricted to battles after which they had to be freed either voluntarily or as a ransom, God warned the Muslims that during battle the motive must be the attainment of the military objectives before any consideration for war gains, and once the objective is fully accomplished, only then the taking of war prisoners and seizing of other spoils is allowed 47:4. In a later verse following the battle of Badr, God admonished those among the Muslims who had shown weakness in their general outlook on life, who had succumbed to their greed and begun capturing war spoils while the battle was still raging and the enemy threat hadnt been entirely contained
8:67"you desire the frail goods of this world, while Allah desires (for you) the hereafter; and Allah is Mighty, Wise".
But because God had already permitted the ransoming of war prisoners 47:4 that wealth gathered, although not in accordance with the spirit of the law, was considered lawful
8:68-9"Were it not for an ordinance from Allah that had already gone forth, surely there would have befallen you a great chastisement for what you had taken to. Eat then of the lawful and good (things) which you have acquired in war, and be careful of (your duty to) Allah; surely Allah is Forgiving, Merciful".
The believers are warned not to repeat this behavior and submit to their greed. They must keep in mind the higher objectives for going to war. They must first entirely subdue the enemy until the threat of war is over, and only then begin taking the enemy's spoils.
So the type of slavery allowed in the Quran, up to this day if the conditions are met, isnt the one where free innocent human beings are captured and sold like a merchandise. In fact the Quran emphatically condemns this type of human trafficking through the story of prophet Yusuf, as will be shown below.
The Quran gives 2 clear options towards war prisoners, either of the 2 can be applied from the moment of their capture following their defeat at the battlefield, until the threat of war has subsided 47:4. They can be given an unspecified favor, such as being taken care off within a Muslim household or even unconditionally freed 2:177. The second option is to be ransomed for benefits of any kind, including monetary compensation as happens when a prisoner is bailed out, or in specific services as would be the case with prisoners doing community works, or in mutual prisoners.
When a female captive gives birth to her owner's child, her status and conditions change
"The Messenger of Allah forbade the sale of the (slave) mothers of one's children (umm al walad), they can not be sold, nor gifted, nor inherited. The master will make use of her while he is alive and when he dies she shall be free".
It is possible that some companions werent aware of the prohibition, and sold these categories of servants. A practice that happened even under Abu Bakr. Nothing indicates the prophet or close companions seeing and allowing the practice, as denoted with the "we"
“We used to sell our slave women and the mothers of our children (Umahat Awaldina) when the Prophet was still living among us, and WE did not see anything wrong with that”.
Umar, when he saw people doing it, forbade it in accordance with the prophet's command.
Should the threat of war cease while there still are prisoners who havent benefited from the above 2 methods, then they can be employed as servants in a Muslim household where they must be treated on an almost equal level as other members of the household 4:36. At that point, if a slave who can offer any good contribution to society decides to be set free can enter into a written agreement with his guardian stipulating the terms and conditions of his manumition 24:33 which would more often than not be a term of service, i.e. you work for me for this many more months in my fields so I can recover my investment. This basically burdens the owner with only those right hand possessions that are of no value to society, after those that were capable of fending for themselves requested and eventually received their freedom. What this essentially means is that the burden of slavery in the end ultimately fell on the owners. Any capable slave that wanted to go into society, earn a living and get married would, and in addition the owner actually must offer financial assistance for the achievement of that objective.
In fact some of the spendings of zakat are aimed at helping those masters who have entered into a manumition contract (mukataba) with their slaves 9:60. In one narration Anas b. Malik refuses to write a mukataba for a slave, so the caliph ĘżUmar orders him to do it, paraphrasing the verse 24:33 ‘Write [a contract] with them if you see good in them!’, and making him swear an oath that he would do so. The majority opinion as attributed to Umar, Uthman, Aisha, and Ibn Umar, as well as the prophet is that the mukatab remains a slave until the last dirham is paid. Ibn Abbas reportedly stated that the slave is freed upon making the contract and merely owes the amount as a debt. Somewhere else we read, including in an alternative view from Umar that the slave is freed and the remainder converted to a debt upon paying half. Ibn Masud said that this occurs after one third or one quarter. The caliph Ali reportedly said that the mukatab attains freedom in proportion to what he has paid off. This seems to match a number of Prophetic hadith that discuss the rights and responsibilities of the mukatab becoming more like a free person the more they have paid off in certain numerically specified juristic matters. All this shows the flexibility of the issue of manumition.
The divine grant of mastery over their enemies doesnt give Muslims sanction to treat them as they wish. As shown above whether in the Quran or through the practice of the prophet, Muslims must treat them with care, almost as full members of a household. The reason being that through an exemplary conduct those former enemies might open their eyes to the real, unfiltered truth of Islam, free from the distortions of those that only seek to disparage it, and possibly reform themselves. The prophet once commented
"you bring them tied in chains on their necks (capture them in war) and they later embrace Islam".
This comment was uttered in relation to the verse qualifying Muslims as the best of nations, conditionally on their rightful conduct and forbidding evil. It is precisely this uprightness that turned enemy combatants, captured in war, into Muslims.
However, because the Quran repeatedly speaks of freeing slave as an act of great virtue, it warns against creating situations that could lead to the captivity then ransoming of slaves, through the example of the Jews of Medina. They entered into alliances with warring pagan tribes and fought, killed, enslaved then freed their own brethren while considering it a "pious act" 2:83-85. Such a behavior would not only be against the letter of the law but also its spirit
"Malik related to me that he had heard that Abdullah ibn Umar was asked whether a slave could be bought on the specific condition that it was to be used to fulfil the obligation of freeing a slave, and he said, "No"...Malik added, "There is no harm, however, in someone buying a person expressly to set him free".
Malik continues that in his opinion, the best course of action in this case is to exclude non-Muslim slaves. Choice must be made among those who neither were in the process of being freed, nor burdens to the owner due to physical impairment or bearing his child. A Muslim slave belonging to any of those categories is therefore not a valid kaffara/atonement. Even if he wasnt of those categories, Malik describes the slave as mu'min, meaning sincere and pious believer, which has more merit than simply being labelled Muslim. This way the intrinsic worth of the slave is enhanced to the maximum
"Malik said...There is no harm in freeing a christian, jew, or magian voluntarily, because Allah, the Blessed, the Exalted, said in His Book, 'either as a favour then or by ransom,' (Sura 47 ayat 4) The favour is setting free".The very fact of calling the manumission of slaves one of the greatest acts of charity, piety and benevolence towards men 2:177,9:60,90:11-18 shows that having them in one's possession is not the preferred way ultimately even though a short term captivity in the specific context of wars is sometimes necessary.
The captives of the very first Islamic battle of Badr, were freed on ransom (in form of money depending on each prisoner's financial capacities or work like teaching ten Muslim children how to read and write), while those of the tribe of Tay were freed without any ransom. Some would reform themselves and cease their hostilities towards the Muslims, but others would go back headlong into battle whenever the chance to fight and kill Muslims presented itself.
For example Abu Izza was among the anti-Muslim coalition at Uhud. He had been taken as a prisoner of war at Badr and then released by the prophet without a ransom because he was poor and had a large family. The condition for his release was that he would not take part in further anti-Islamic activities, especially verbal provocations, as he was known for his eloquence. If relatives were captured they could not be separated. It is then that the Quran progressively introduced the notion of freeing slave benevolently as a great virtue.
As already noted, slaves were a source of livelihood and labor, even to Muslims who had to treat them with care. That is why it is considered a great act of generosity if done unconditionally. Even if the person wasnt prepared to go to such charitable extent, the Quran still encouraged freeing them through other avenues such as atoning for certain sins like missing a fast, breeching a vow made hastily concerning a lawful thing, accidental homicide, and many other small acts common in this society 4:92,5:89,58:3. As an act of virtue, Ali emancipated 1000 slaves, purchasing them from his own money. The Prophet emphatically stated on many occasions that, in the sight of God, the unconditional freeing of a human being from bondage is among the most praiseworthy acts which a Muslim could perform.
No religion other than Islam promoted the liberation of fellow humans in bondage as an act of humanity and virtue, beautifully reflected in Sura 90. That is a fact the Judeo-Christian critics of Islam, who try misrepresenting Islamic slavery with their twisted biblical paradigm in mind, will have to deal with. The overarching approach of Islam towards slavery, as already seen and as will be further developed, is thus to reduce the access to servitude and expand the way towards freedom.
Further reading answering Sam Shamoun "Muhammad: The Best Example of Morality and Virtue?"
