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Rules of Slavery in Islam

Q:

Since it was decreed as lawful for a man to have sex with his slave, is it permissible to do so against her will? Is this considered rape?

A:

 

Salamun Alaykum

Thank you for your query.

The concept of slave no more exist in today’s time. If one has a maid and has intercourse without Nikah, it is counted as fornication(Zina) which is Haram.

As far as slavery was concerned, Arabs in the pre-Islamic days were as bad offenders as their neighbours. Slaves were a commercial commodity, and slavery was an established institution. It was a source of livelihood for thousands and a source of labour for scores of thousands. To the elite, the number of slaves in the household was a symbol of status.
This was the state of affairs at the advent of Islam. Slavery offended the spirit of Islam as much as idolatry did. But while the latter had its roots in spiritualism and hence could be countered by reason, slavery had its roots in commerce,  in social structure, in agriculture undertakings; and reason alone was but a feeble weapon against a foe so insidious and so deeply rooted. How was then slavery to be eradicated?
Islam aimed at striking at the roots of its foe and created allies by arousing the finer instincts of its followers. A three-pronged attack on slavery was launched.

  1. Islam placed restrictions on acquisition of slaves.
  2. Islam commenced an active campaign to emancipate the slaves.
  3. Islam restored dignity to slaves and enhanced their social status.

You can read more about slavery:
Islam Attacks Slavery: https://www.al-islam.org/slavery-islamic-and-christian-perspectives-sayyid-saeed-akhtar-rizvi/islam-attacks-slavery
Slavery in Islam: https://www.al-islam.org/82-questions-sayyid-abdul-husayn-dastghaib-shirazi/slavery-islam

May Allah(swt) grant you success

Wassalam,

Syed Haider