Although the common belief is that slavery ended long ago with the abolition of legal systems that permitted it, the modern reality paints a completely different picture. Slavery, though its forms and methods have changed, still exists under various names. This shift from traditional slavery to contemporary slavery makes the issue more complex and dangerous. Contemporary slavery refers to any situation where a person is deprived of their freedom—whether freedom of movement or choice—and exploited physically, psychologically, or economically against their will. This phenomenon includes practices such as human trafficking, forced labor, forced marriage, and debt bondage.
At its core, modern slavery refers to forms of exploitation that a person cannot refuse or escape due to threats, violence, coercion, deception, and/or abuse of power.
Manifestations of Modern Slavery
Modern slavery is an umbrella term that encompasses several legally defined concepts:
According to the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, trafficking involves the recruitment, transportation, transfer, harboring, or receipt of persons through threats, force, or other forms of coercion for the purpose of exploitation. This includes sexual exploitation, forced labor, and slavery. Recruitment, transportation, transfer, harboring, or receipt of a child for the purpose of exploitation is also considered trafficking, even if it does not involve threats, force, or coercion.
This occurs when a person is forced to provide labor or services (or the services of those under their control) to repay a debt, under conditions where the fair value of the labor or services is not reasonably applied to reduce the debt, or where the terms of the service are undefined or unreasonable.
This refers to situations where a person, regardless of their age, is compelled to marry without their consent.
- Slavery and Slavery-Like Practices
According to the 1926 Slavery Convention, slavery is the status or condition of a person over whom any or all powers of ownership are exercised. Later treaties also recognized practices resembling slavery, such as debt bondage, forced or servile marriage, the sale or exploitation of children (including in armed conflicts), and slavery linked to descent.
This includes all work or services demanded of a person under threat of penalty, where the individual has not voluntarily agreed to the work.
- The Worst Forms of Child Labor
According to the 1999 Convention on the Worst Forms of Child Labor, these include situations where children are exploited in:
- Slavery or slavery-like practices, including forced recruitment of children for armed conflicts.
- Prostitution or other forms of sexual exploitation.
- Illicit activities, including the production or trafficking of drugs.
- Hazardous work that could harm their health, safety, or morals.
Causes of the Continuation of Modern Slavery
1. Poverty and Ignorance: Extreme poverty and lack of awareness make individuals more vulnerable to exploitation as they seek better opportunities or jobs, only to find themselves trapped in slavery.
2. Absence of Deterrent Laws: In many countries, laws against these crimes are either insufficiently strict or poorly enforced.
3. Globalization and Economic Exploitation: Globalization has widened the gap between the rich and the poor, creating fertile grounds for the exploitation of cheap labor in developing nations.
Islam’s View on Slavery
Islam emerged at a time when slavery was prevalent and widespread, with multiple causes contributing to its existence. Islam neither initiated nor uniquely endorsed slavery; rather, slavery was a global institution entrenched in societies long before Islam, rooted in oppression, classism, exploitation, and the outcomes of wars throughout human history.
At that time, the streams that fed the "river of slavery" were vast and numerous, constantly supplying more slaves. Meanwhile, the pathways to freedom were either entirely blocked or extremely narrow and difficult to traverse.
Islam sought to curtail the sources of slavery and limited it to legitimate warfare. Additionally, it established several legitimate channels to eradicate existing slavery, as the only prior way to free slaves was through the master's voluntary decision.
Islam began by closing, abolishing, and prohibiting most of the sources that supplied slaves, leaving only captives of lawful and legitimate warfare. Even then, Islam opened doors for freeing such captives through either ransom or release: “So when you meet those who disbelieve [in battle], strike [their] necks until, when you have inflicted slaughter upon them, then secure their bonds, and either [confer] favor afterwards or ransom [them] until the war lays down its burdens.” (Muhammad: 4)
In its methodology for abolishing slavery, Islam served as a model for nations and was seven centuries ahead of others in its liberation efforts.
Islam established multiple avenues for freeing slaves: emancipation through expiation, contractual agreements, state sponsorship, the status of a slave mother (if she bore a child from her master), and mandatory emancipation in cases of injustice, as well as recommendations for liberating slaves through wills.
1. Emancipation Through Expiation
Many acts of expiation required freeing a slave, such as for breaking an oath, unlawful intercourse with one’s spouse during Ramadan, or accidental killing. Emancipation often constituted the first step, whether mandatory or optional.
- For example, in the case of accidental killing, Allah says: “And whoever kills a believer by mistake – then the freeing of a believing slave and a compensation payment presented to the deceased’s family [is required] unless they give [up their right as] charity. But if the deceased was from a people at war with you and he was a believer – then [only] the freeing of a believing slave; and if he was from a people with whom you have a treaty – then a compensation payment presented to his family and the freeing of a believing slave.” (An-Nisa: 92)
- Regarding the expiation for breaking an oath, Allah says: “Allah will not impose blame upon you for what is meaningless in your oaths, but He will impose blame upon you for [breaking] what you intended of oaths. So its expiation is the feeding of ten needy people from the average of that which you feed your [own] families or clothing them or the freeing of a slave. But whoever cannot find [or afford it] – then a fast of three days [is required]. That is the expiation for oaths when you have sworn. But guard your oaths. Thus does Allah make clear to you His verses that you may be grateful.” (Al-Ma’idah: 89)
- In the case of expiation for zihar (a form of verbal divorce), Allah says: “And those who pronounce thihar from their wives and then [wish to] go back on what they said – then [there must be] the freeing of a slave before they touch one another. That is what you are admonished thereby; and Allah is Acquainted with what you do. And he who does not find [a slave] – then a fast for two months consecutively before they touch one another; and he who is unable – then the feeding of sixty poor persons. That is for you to believe [completely] in Allah and His Messenger; and those are the limits [set by] Allah. And for the disbelievers is a painful punishment.” (Al-Mujadila: 3-4)
2. Emancipation Through Motherhood
When a female slave bore her master's child, she could not be sold and would be freed upon his death. This served as another means of liberation, reflecting Islam's humane approach.
3. Emancipation Through Contractual Agreements
Allah commands: “And those who seek a contract [for eventual emancipation] from among whom your right hands possess – then make a contract with them if you know there is within them goodness and give them from the wealth of Allah which He has given you.” (An-Nur: 33)
Rights of Slaves in Islam
Islam enshrined numerous rights for slaves to safeguard their dignity and well-being:
1. Provision of Food and Clothing Equal to the Owner's:
Abu Dharr (may Allah be pleased with him) reported that the Prophet (peace be upon him) said: “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.” (Bukhari)
2. Preservation of Dignity:
Islam forbade verbal and physical abuse of slaves. If a person committed such an act, they were required to expiate by freeing the slave.
3. Justice and Kindness:
It is narrated that Uthman ibn Affan (may Allah be pleased with him) once pulled the ear of a slave as punishment, and then asked the slave to pull his ear in return to avoid punishment on the Day of Judgment.
4. Allowing Slaves to Excel:
Islam allowed slaves to lead in areas where they excelled, whether in religion or worldly affairs. They were even allowed to lead prayers, as was the case with a slave of Aisha (may Allah be pleased with her). Moreover, the Prophet (peace be upon him) taught that Muslims should obey their leader even if he were a black slave.
As a result of these teachings, many slaves became close companions to their masters, sometimes treated like children.
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Resources:
- Walkfree.org
- www.ohchr.org
- Aljazeeranet
- Encyclopedia of Mahaseni al-Islam
