Permanent System for the Manumission of Slaves

These were the various methods of compulsory manumission, which have been prescribed by Islām. However, it is obvious that despite these compulsory releases, many such slaves still remained, who were unable to benefit from any one of these methods. Furthermore, the acquisition of their freedom was not definite in the case of mere recommendation. Therefore, it was necessary that a permanent and solid system be arranged by which existing slaves could continue to secure their own freedom. Hence, in this respect, Islām proposed the ingenious system known as Mukātabat. Under this system, the master was obliged to free his slave on the condition that he had become capable of manumission and generated a reasonable amount to pay for his own freedom. This amount was to be decided upon according to the circumstances of the slave, the identification of which rested with the government or judiciary and not in the hands of the master. As such, Allāh the Exalted states:

Meaning, “O ye Muslims! From among your slaves, such as desire a deed of manumission in writing, it is your obligation to settle an agreement of Mukātabat with them and free them, on the condition that they have become capable of manumission. Moreover, it is also your obligation to give them a portion of this wealth, which actually belongs to God, but He has bestowed it upon you as a result of Mukātabat.”1

This verse serves as the foundation stone of the compulsory system of manumission. Although the words are very brief, the meanings contained therein are immensely vast and outstandingly forceful. In this verse, Muslims have been commanded that such slaves as desire to settle an agreement of Mukātabat with them in order to secure manumission, it is their obligation to release them on the condition that they have become capable of freedom. An agreement of Mukātabat refers to the settlement between a slave and his master, that if the slave pays a certain amount to his master, he shall be deemed free. The method of this was that after an agreement of this nature had been made the slave would practically be released. However, in this state of half-freedom, the slave would take up work or a profession in commerce, trade and skill, agriculture or labour, etc., and endeavour to pay the amount settled in the agreement of Mukātabat. When this amount was fully paid, that person would be considered as being free completely. Furthermore, although this amount of Mukātabat was considered to be under the full control of the master, it was still his obligation to give an appropriate share to the slave as well. This system was so blessed and ingenious that such slaves as were worthy, continued to be released as a right. Moreover, since slaves were compelled to take up independent work in order to pay the amount settled in Mukātabat, and were made to bear the responsibility of a civil agreement, they also developed the ability of living a free life and becoming beneficial citizens of the country.

This system of Mukātabat was not dependent on the desire of the master, rather, it was compulsory. In other words, a master did not possess the right to refuse a slave’s demand for Mukātabat. It was the task of the judiciary or government to determine whether the slave had become capable of manumission. As such, there is a narration:

Meaning, “Anas(ra), who was a Companion of the Holy Prophet(sa), owned a slave named Sīrīn, who desired to settle an agreement of Mukātabat with Anas(ra). However, Anas(ra) refused thinking that he possessed much wealth and did not require the wealth of Mukātabat. Upon this, Sīrīn filed a complaint against Anas(ra) with Ḥaḍrat ‘Umar(ra). Upon hearing the complaint lodged by Sīrīn, Ḥaḍrat ‘Umar(ra) ordered Anas(ra) to accept the request for Mukātabat. However, Anas(ra) remained adamant upon refusal. At this, Ḥaḍrat ‘Umar(ra) whipped Anas(ra) and recited to him the verse, ‘O ye Muslims! If your slaves desire a deed of manumission in writing, it is your obligation to settle an agreement of Mukātabat with them.’ Upon this, Anas(ra) settled an agreement of Mukātabat with Sīrīn.”2

The basis of the obligation of Mukātabat depended on whether a slave had become capable of manumission or not. As such, Yaḥyā bin Kathīr relates:

Meaning, “The Holy Prophet(sa) would say that where the Holy Qur’ān states, ‘It is your obligation not to refuse a proposal of Mukātabat, if you find good in your slaves,” the ‘good’ which has been referred to here is the ability of a trade skill. In other words, it becomes obligatory to settle Mukātabat with such slaves who are knowledgeable in a trade or skill, or who possess the ability to quickly learn one, so that they do not become a burden on society in any way after their acquisition of freedom.”3

As mentioned above, the decision of whether a slave possesses this capability or not was in the hands of the government and did not depend on the desire of the master. This Ḥadīth also expounds that in actuality, the true desire of the Islāmic teaching was to make the circumstances of existing slaves better and then instill within them the capability of manumission. Hence, as slaves continued to grow capable, so too, they continued to acquire their freedom.

Since the method of Mukātabat was the foundation stone of the manumission of slaves, it has been highly preferred in Islām. As such, it has been related in a Ḥadīth:

Meaning, “Abū Hurairah(ra) relates that the Holy Prophet(sa) would state, ‘There are three kinds of people for whom Allāh the Exalted has declared that He would grant them succour as their right: firstly, a slave who has settled an agreement of Mukātabat, and is worried about paying the sum owed by him; secondly, a person who married with the intention of guarding his chastity; thirdly, a person who strives in the cause of Allāh.’”4

The liberation movement of slaves was not only limited to individuals. Rather, it was also an obligation of the Islāmic state to spend an adequate sum on the manumission of slaves from the National Baitul-Māl. Hence, Allāh the Exalted states in the Holy Qur’ān:

Meaning, “The wealth of Zakāt is to be spent on the poor and needy, and upon those employed in connection therewith, and upon weak new Muslims, and for the manumission of slaves, and for those in debt, and for the propagation of religion, and for the comfort of the wayfarer - an ordinance from Allāh the Exalted.”5

In light of this verse, an obligation has been put upon the Islāmic State to spend funds on the manumission of slaves from the revenues generated from Zakāt.