Written by: Jameel Asghar Jami
✿ Introduction
Recently, Ghamidi issued a fatwa permitting handshaking with a non-maḥram woman, which was met with objections from various circles. In response, some members of the Ghamidi school of thought defended this fatwa not with direct arguments, but by referring to old fiqh rulings related to bondwomen. This added further confusion. Atheists also exploited these references to serve their own agenda, causing confusion among the general public. This article aims to clarify this matter in light of the confusion.
✿ Importance of Historical and Regional Context
When an issue is presented outside its original historical and social context, confusion is bound to arise. Many practices that were once considered honorable are now viewed as inappropriate. Similarly, many laws were relevant to the needs of their time, but discussing them today may seem unusual or even disturbing.
✿ The Need for Objective Analysis
To understand the meaning of any issue, it must be seen in the light of the society and legal systems of its time. Judging old laws by the standards of today’s world is contrary to the principles of justice.
✿ The Evolution of Slavery and Modern Society
In today’s civilized societies, the traditional concept of slavery no longer exists. However, with some changes, its echoes can still be seen today:
✔ In the past, bondwomen and slaves had legal status and rights.
✔ Today, terms like “sex workers” or “prostitutes” are used instead.
✔ The exploitation of sex workers is a modern social problem often overlooked.
✿ Comparison of Sex Workers and Bondwomen
✔ In the Muslim society of the past, bondwomen had guaranteed food, shelter, and rights.
✔ In the modern world, sex workers often sacrifice their dignity for meager wages.
✔ If sex workers saw the living conditions of bondwomen in Muslim society, they might even prefer those circumstances.
✿ War and Slavery: Old and Modern Perspectives
✔ Ancient Muslim Society:
- Only war prisoners could be enslaved, and their rights were protected.
- The buying and selling of bondwomen was a legal transaction governed by juristic laws.
✔ Modern “Civilized” Societies:
- In Vietnam, American soldiers turned Thailand into a center of exploitation.
- In Iraq and Afghanistan, there have been numerous examples of rape and human trafficking.
- At Guantanamo Bay, even male prisoners faced inhuman treatment.
✿ Hypocrisy of Modern Human Rights Advocates
✔ Philosophers like John Locke, considered founders of liberalism, were themselves supporters of slavery.
✔ The role of African slaves in America’s rise cannot be denied.
✿ Islamic Civilization and the System of Bondwomen and Slaves
✔ Clarification of Fiqh Rulings:
- Jurists have provided detailed explanations for every issue, whether it was practically needed or not.
- The rules for bondwomen and slaves were also defined, but these were based on the circumstances of that time.
- Today, these fiqh rulings have no practical relevance.
✔ The Gradual Evolution of Islam:
- Islam adopted a policy of gradual reform to change social trends.
- The abolition of slavery and the system of bondwomen was part of this gradual transformation.
- Some people create unnecessary controversies by using these transitional phases of Islam.
✿ Conclusion
In today’s world, the old forms of slavery no longer exist, and there is no place for them in Islam. As Islamic civilization evolved, it eliminated these issues. However, some people are creating confusion by using fiqh rulings from that era as the basis for unnecessary debates. It is crucial to understand these rulings in their historical and social contexts and to present the teachings of Islam according to the needs of the present age.
