A Scholarly Review of Ghamidi’s Arguments on Bondwomen

Authored by: Zohaib Zaibi


✿ Authenticity of the Narrations Presented by Ghamidi
The narrations presented by Ghamidi as evidence for his views on bondwomen (slave girls) are found, upon examining their chains of transmission, to be weak and therefore unsuitable for drawing any Sharʿī conclusions.


✔ 1. Narrations about Viewing the Shins or Arms of a Bondwoman
Some narrations state that it is permissible to view parts of a bondwoman’s body, like her shins and arms, during purchase.

• These narrations have weak chains and include several unknown narrators.

✔ 2. Narration Attributed to ʿAlī ibn Abī Ṭālib (رضي الله عنه)
It is reported that ʿAlī (رضي الله عنه) said there is no harm in viewing the shin, stomach, or back of a bondwoman because they are presented for sale in the market.


Weakness of the Chain:

• In this narration, Ibn Jurayj narrates from an unknown person.
• Ibn Jurayj is known for tadlīs (concealment of weak narrators), often narrating from critically weak narrators.
  Source: Muṣannaf ʿAbd al-Razzāq, Ḥadīth: 13208

✔ 3. Narration Attributed to Ibn ʿUmar (رضي الله عنه)
Some narrations mention that Ibn ʿUmar (رضي الله عنه) would touch or look at a bondwoman’s body while buying her.

Weakness of the Chain:

• This narration is “muʿanʿan” (a sign of tadlīs when narrated with the term “ʿan”).
• Ibn Jurayj again narrates using the “ʿan” form, indicating potential concealment.
• ʿAbd al-Razzāq also narrates through ambiguous narrators like ʿAmr or Abū al-Zubayr, exposing its weakness.
  Source: Muṣannaf ʿAbd al-Razzāq, Ḥadīth: 13199

✿ Position of the Jurists Regarding These Narrations


✔ 1. The General Approach of the Jurists
The jurists derive rulings based on the Qur’an and Sunnah and weigh them with established legal principles. In the case of bondwomen, two principles emerge:

• The property aspect: Because bondwomen were treated as tradeable commodities, certain rules of property applied to them.
• The human aspect: However, the human and modesty considerations of these women were given preference.

✔ 2. The Collective Conscience of the Ummah
The Ummah collectively did not accept narrations that allowed unwarranted touching or viewing of bondwomen.


Example:

• ʿUmar ibn al-Khaṭṭāb (رضي الله عنه) forbade bondwomen from imitating free women in dress and appearance, indicating a clear distinction in status but also in modesty and respect.

✔ Decisions of ʿUmar (رضي الله عنه)

• Political Decision: ʿUmar (رضي الله عنه) instructed that bondwomen avoid covering their heads to distinguish them from free women.
  Source: Muṣannaf ʿAbd al-Razzāq; ʿAllāmah Ṭaḥṭāwī, Marāqī al-Falāḥ
• Contemporary Application: According to Imām Ṭaḥṭāwī (رحمه الله), in today’s age of widespread immorality, bondwomen should also observe full covering for modesty.

✿ Summary and Analysis


✔ 1. Authenticity of the Narrations

• The narrations cited by Ghamidi are weak and do not provide a valid Sharʿī basis.
• Clear prohibitions exist in Sharīʿah against touching non-maḥrams, nullifying any reliance on these weak narrations.

✔ 2. Fiqhī Principles

• In issues relating to bondwomen, the principle is:
  
  “قَد يُبَاحُ فِي الأَمَةِ مَا لَا يُبَاحُ فِي الحُرَّةِ”
  “Some matters permitted with bondwomen are not permitted with free women.”
  
  
• However, this principle never overrides the general Sharʿī commands of modesty and dignity.

✔ 3. Practice of the Companions

• During the time of the Companions (رضوان الله عليهم), the buying and selling of bondwomen was common, but there are no reliable narrations indicating that they engaged in unwarranted touching or viewing during purchase.

✿ Conclusion
The stance that bondwomen could be casually viewed or touched based on the narrations presented by Ghamidi is unsupported by authentic evidence.
The juristic consensus and practical example of the Companions indicate that such conduct was never legally sanctioned or morally acceptable.
And Allah ﷻ knows best.