Hedaya 2.140 Annotated

Hedaya 2.141 Annotated

Preserve the First Amendment from Attack by the OIC!

Friday, March 27, 2009

Islam vs ICCPR Article 8

ICCPR

Article 8

  1. No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited.
  2. No one shall be held in servitude.
4:3. And if you fear that you shall not be able to deal justly with the orphan­girls, then marry (other) women of your choice, two or three, or four but if you fear that you shall not be able to deal justly (with them), then only one or (the captives and the slaves) that your right hands possess. That is nearer to prevent you from doing injustice.

4:24. Also (forbidden are) women already married, except those (captives and slaves) whom your right hands possess. Thus has Allâh ordained for you. All others are lawful, provided you seek (them in marriage) with Mahr (bridal money given by the husband to his wife at the time of marriage) from your property, desiring chastity, not committing illegal sexual intercourse, so with those of whom you have enjoyed sexual relations, give them their Mahr as prescribed; but if after a Mahr is prescribed, you agree mutually (to give more), there is no sin on you. Surely, Allâh is Ever All­Knowing, All­Wise.

Sahih Muslim book 008, Number 3373
:

Abu Sa'id al-Khudri (Allah be pleased with him) reported: We took women captives, and we wanted to do 'azl with them. We then asked Allah's Messen- ger (may peace be upon him) about it, and he said to us: Verily you do it, verily you do it, verily you do it, but the soul which has to be born until the Day of judg- ment must be born.

Umdat as-Salik O9.13

When a child or a woman is taken captive, they become slaves by the fact of capture, and the woman's previous marriage is immediately annulled.

  • that your right hands possess
  • We took women captives, and we wanted to do 'azl with them.
  • When a child or a woman is taken captive, they become slaves by the fact of capture
This evidence speaks for itself, requiring no elaboration. Allah sanctions conquering people and enslaving captives. That sanction is reflected in Islamic law. The reference to azl in the hadith relates to the withdrawal method. Several related ahadith are more explicit; click the link and scroll up to read them if you want the details.

While the Kingdom of Saudi Arabia officially outlawed slavery about 1964, it is still practiced with impunity. Daniel Pipes relates the details of a case of Saudis importing a slave to America in 2000.

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