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"Slavery (Islamic law)"
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Madkhali’s criticism of Sayyid Quṭb: a critique of the critique
From the 60s of the 20th century, the works of Sayyid Quṭb have enormous influence on the thought of Muslim youths and Islamists. The core message of his works is establishing the supremacy of Islamic law in all facets of life and outright condemnation of the subsisting order of the day concerning the political and socio-economic operations in Muslim nations. The effect of his thoughts on Muslim youths is visible in the resurrection of Islamists who have become a thorn in the flesh of political dictators and autocratic monarchs in Arabia. As part of efforts to neutralize the effects of Quṭb’s works on the ever-increasing Muslim youths in Saudi particularly and the Muslim world at large, Rabi’u Madkhali, a senior Salafi diehard with much influence in Madinah, kickstarted the project of refuting what he termed as \"theological deviations” and “rebellious approach” in Quṭb’s thoughts. His works have given birth to a large number of Muslim youths who dedicate an extraordinary commitment to pathological hatred for Quṭb, his works, associates, and students. This article aims to criticize some submissions of Madkhali on Quṭb’s thought. The article which is library-based adopts an analytical method of research. Two issues, which include law enactment in a Muslim state and the abolition of the slavery system, are selected. The paper found that Madkhali’s refutations are highly characterized by accusations that need unequivocal proof, misinterpretation of Quṭb’s statements, and emotional submissions. It recommends further investigation into other Madkhali’s refutation of Sayyid Quṭb.
Journal Article
Islam and the Emancipatory Ethic: Islamic Law, Liberation Theology and Prison Abolition
This paper provides a genealogical overview of discourses pertaining to emancipation within Islamic thought. I demonstrate how classical Islamic scholarship developed a tradition in which a clear emancipatory ethic can be located. Further, I explore how emancipation came to be read as anticipating the abolition of slavery in the contemporary period through focusing on the work of Muhammad Abduh. Finally, I discuss the potential engagements between Islamic notions of emancipation and contemporary discourses pertaining to prison abolition. I argue that the strong emancipatory ethic found within the classical legal tradition would not abide by the exploitative prison systems found across various nations. Engaging Islamic law through a Liberation Theology framework, I claim that a serious engagement with prison abolition discourses is a natural continuation for a tradition with such a strong precedent of emancipatory impetus.
Journal Article
Ahmad Bey's 1846 Istiftāʾ: Its Dual Legislative Framework and Religio-Political Context
On April 26, 1846, Ahmad Bey signed a historic emancipation decree making the Regency of Tunis the first in the modern Islamic world to formally abolish the longstanding institution of slavery. While the decree marked the first of such unprecedented measures, attracting a barrage of compliments from anti-slavery societies around the globe, it conflicted with the local notions of enslaving practices and thus prompted an earnest process of legitimation for the formal abolition of slavery before the Majlis al Shari (Sharia Council for Judicial Ordinance), without which abolition would have remained culturally and politically contentious. The paper will assess the socio-cultural context and the plural Islamic legal framework that informed both Ahmad Bey's argument favoring abolition and the divergent responses and attitudes of the religious establishment toward the abolition decree.
Journal Article
Al-Asrūshanī's Jāmiʿ aḥkām al-ṣighār as a Source for the History of Childhood in Muslim Societies: The Case of Enslaved Children
A comprehensive compilation of legal rulings about children, one of particular historical utility and yet largely overlooked, is Muhammad al-Asrūshanī's Jāmic ahkām al-sighār. It offers a rather holistic view of the legal status of Muslim children and, more importantly, insight into common concepts of childhood and attitudes to children in premodern Muslim societies. Moreover, although drawing on the written heritage of middle-class urban scholars, the normative yet multilayered text of Jāmic provides many precise details on children's lives and their social environment. This article introduces al-Asrūshanī's unique work-its structure, contents, and sources-and offers, as a case study, an analysis of the chapter the author dedicates to enslaved children. While al-Asrūshanī intended some, or even the majority, of instances discussed in this chapter to address theoretical legal debates, others, particularly those drawn from fatwas, mirror the real experiences of enslaved minors, concubines, and enslavers. Together they provide a picture of a moderate form of domestic slavery in the Islamic world, particularly in Central Asia of the Mongol period.
Journal Article
Historia de Mabrūka. Un siglo de incertidumbres sobre la esclavitud en Tetuán, Marruecos
En este trabajo analizamos las incertidumbres del período final de la esclavitud en Marruecos a través de la historia de vida de Mabrūka, comprada en Tetuán en 1927 y fallecida en 1996. Reconstruimos su recorrido vital a partir de los documentos custodiados por los descendientes de la familia Medina que la compró y de una encuesta oral entre los miembros de aquélla, con el fin de mostrar los cambios experimentados en la vida de Mabrūka y su propia agencia social, como aportación a los nuevos enfoques sobre la esclavitud. Las principales conclusiones son que el proceso de manumisión de esclavos quedó en un limbo al no existir una abolición formal de la esclavitud y los silencios sobre la vida de Mabrūka confirman estas incertidumbres. Por otro lado, Mabrūka mantuvo un vínculo sentimental con la familia Medina, aún después de iniciar su vida como mujer libre, y poco antes de morir dejó en herencia sus propiedades a la familia compradora, ya que estaba convencida de que persistía entre ellos un vínculo de walā’. Este gesto provocó un cortocircuito legal cuando el Consejo de Ulemas de Tetuán evidenció la nebulosa jurídica sobre la esclavitud y declaró inexistente a efectos legales el vínculo entre la liberta y la familia compradora.
Journal Article
Marriage and slavery in early Islam
What did it mean to be a wife, woman, or slave in a society in which a land-owning woman was forbidden to lay with her male slave but the same slave might be allowed to take concubines? Jurists of the nascent Maliki, Hanafi, and Shafi'i legal schools frequently compared marriage to purchase and divorce to manumission. Juggling scripture, precedent, and custom on one hand, and the requirements of logical consistency on the other, legal scholars engaged in vigorous debate. The emerging consensus demonstrated a self-perpetuating analogy between a husband's status as master and a wife's as slave, even as jurists insisted on the dignity of free women and, increasingly, the masculine rights of enslaved husbands. Marriage and Slavery in Early Islam presents the first systematic analysis of how these jurists conceptualized marriage--its rights and obligations--using the same rhetoric of ownership used to describe slavery. Kecia Ali explores parallels between marriage and concubinage that legitimized sex and legitimated offspring using 8th- through 10th-century legal texts. As the jurists discussed claims spouses could make on each other--including dower, sex, obedience, and companionship--they returned repeatedly to issues of legal status: wife and concubine, slave and free, male and female. Complementing the growing body of scholarship on Islamic marital and family law, Ali boldly contributes to the ongoing debates over feminism, sexuality, and reform in Islam.
eBook
Exploring the link between household structure and women’s household decision-making autonomy in Mauritania
Governments in sub-Saharan African countries aim to increase married women’s household decision-making autonomy as it remains a critical determinant of desirable health behaviours such as healthcare utilisation, antenatal care visits, and safer sex negotiation. However, very few studies explore how household structure (i.e., monogamous or polygamous) is associated with married women’s household decision-making autonomy. Our paper seeks to address this gap. Using the 2019–20 Mauritania Demographic and Health Survey, a nationally representative dataset, and applying logistic regression analysis, we explore how married women’s household structure is associated with their household decision-making autonomy. We find that 9% of married women are in polygamous marriages, while 63% and 65% are involved in decision-making about their health and large household purchases, respectively. Additionally, 76% and 56% are involved in decision-making about visiting family or relatives and household expenditures. After accounting for socio-economic and demographic factors, we find that compared to women from monogamous households, those from polygamous households are less likely to participate in decision-making about their health (OR=0.65, p < 0.001), making large household purchases (OR=0.65, p < 0.001), visiting family or relatives (OR=0.72, p < 0.001), and household expenditure (OR=0.58, p < 0.001). Based on our findings, we recommend the urgent need to review and re-evaluate policies and approaches seeking to promote gender equality and women’s autonomy in Mauritania. Specifically, it may be critical for intervention programmes to work around reducing power imbalances in polygamous household structures that continue to impact married women’s household decision-making autonomy adversely. Such interventions should centre married women’s socio-economic status as a central component of their empowerment strategies in Mauritania.
Journal Article
The Power of Sovereignty
The Power of Sovereignty explores the religio-political and philosophical concepts of Sayyid Qutb, one of the most influential political thinkers for contemporary Islamists and who has greatly influenced the likes of Osama Bin Laden. Executed by the Egyptian state in 1966, his books continue to be read and his theory of jahiliyya ‘ignorance’ is still of prime importance for radical Islamic groups.
Providing a detailed perspective of Sayyid Qutb’s writings, this book examines:
the relation between the specifics of the concept of hakimiyyah and that of jahiliyyah
the force and intent of these two concepts
how Qutb employs their specifics to critically assess the political establishments like nationalism and capitalism
the influence of the two concepts on Egypt’s radical Islamic movements, where many of al’Qa’ida’s lieutenants, officers, ideologues and conspirators were fomented
Shedding light on Islamic radicalism and its intellectual origins The Power of Sovereignty presents new analysis on the intellectual legacy of one of the most important thinkers of modern Islamic revival.
Qutb’s Photograph. Qutb’s Article. Dedication. Acknowledgement. Introduction Part 1: Religio-Political Discourse 1. Sovereignty 2. Servitude 3. Universality of Islam Part 2: Philosophical Discourse 4. The Innate Character and Moral Constitution 5. Human Intellect 6. The Universe Part 3: Face to Face 7. Sovereignty and Political Establishments 7.1 Nationalism 7.2 Capitalism 7.3 Socialism 7.4 Communism 7.5 Democracy Part 4: Influences and Responses 8. Egypt’s Islamic Movement: Influences and State Responses 8.1 The Military Technical Academy Groups 8.2 The Society of Muslims 8.3 The Society of Jihad
eBook
Voluntary enslavement in an Abbasid-era papyrus letter
Central to this article is an Arabic letter written on papyrus in an Egyptian prison in the late ninth or early tenth century ce. The author complains that he and his companions are being kept in terrible conditions and that they have received insufficient support from outside prison. Interestingly, he indicates that there is a strong inclination among the group to offer themselves as slaves in order to find relief from their crushing living conditions. By doing so, they would have transgressed Islamic law of that time, which forbade the enslavement of free inhabitants of the Realm of Islam. The letter is a unique source for the social history of slavery, especially self-enslavement, in Abbasid society. This article presents, translates, and annotates this letter and offers a detailed study of its contents.
Journal Article