Is it permissible to enslave people today, given that there are no legitimate wars?
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The third question of Fatwa No. ( 515 )
Q3: Is it permissible to enslave people today, given that there are no legitimate wars, or is this specific to the time of the Prophet (peace and blessings be upon him) due to the existence of legitimate wars, and what is the evidence?
A3: There is no doubt that the wars between the Prophet (peace and blessings be upon him) and the disbelievers were legitimate wars, and some of the disbelievers captured in them were enslaved. Legitimate wars also took place between the Muslims and the disbelievers during the time of the Rightly Guided Caliphs and after them during the three centuries attested to as being of goodness. Their practice regarding the captives of the disbelievers was in accordance with what was the case in the time of the Prophet (peace and blessings be upon him): granting freedom to those captured, accepting ransom, enslaving them, or killing them,
according to what the imam deemed to be in the interest of the Muslims, acting in accordance with the Qur'an and following the Sunnah of the Messenger of Allah (peace and blessings be upon him). Indeed, the practice regarding captives after him was in accordance with what was the case in his time by the consensus of the imams. If legitimate wars exist today between the Muslims and the disbelievers, and victory is written for the Muslims, and they capture some of the disbelievers, then the Imam of the Muslims has the authority to decide regarding those captured: granting freedom, ransom, killing, or enslaving, according to what he deems to be in the interest of the Muslims, acting in accordance with the Book and the Sunnah. If there are no legitimate wars, it is not permissible to establish or initiate enslavement. As for one whose slavery was established previously in a legitimate war and whose slavery continued through reproduction and inheritance, he remains in his state of slavery until an opportunity for his liberation becomes available. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q3: Is it permissible to enslave people today, given that there are no legitimate wars, or is this specific to the time of the Prophet (peace and blessings be upon him) due to the existence of legitimate wars, and what is the evidence?
A3: There is no doubt that the wars between the Prophet (peace and blessings be upon him) and the disbelievers were legitimate wars, and some of the disbelievers captured in them were enslaved. Legitimate wars also took place between the Muslims and the disbelievers during the time of the Rightly Guided Caliphs and after them during the three centuries attested to as being of goodness. Their practice regarding the captives of the disbelievers was in accordance with what was the case in the time of the Prophet (peace and blessings be upon him): granting freedom to those captured, accepting ransom, enslaving them, or killing them,
according to what the imam deemed to be in the interest of the Muslims, acting in accordance with the Qur'an and following the Sunnah of the Messenger of Allah (peace and blessings be upon him). Indeed, the practice regarding captives after him was in accordance with what was the case in his time by the consensus of the imams. If legitimate wars exist today between the Muslims and the disbelievers, and victory is written for the Muslims, and they capture some of the disbelievers, then the Imam of the Muslims has the authority to decide regarding those captured: granting freedom, ransom, killing, or enslaving, according to what he deems to be in the interest of the Muslims, acting in accordance with the Book and the Sunnah. If there are no legitimate wars, it is not permissible to establish or initiate enslavement. As for one whose slavery was established previously in a legitimate war and whose slavery continued through reproduction and inheritance, he remains in his state of slavery until an opportunity for his liberation becomes available. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.