The Life & Character of the Seal of Prophets (sa) - Volume II — Page 229
V - Conduct of the Holy Prophet sa with Slaves and His Teachings on the Issue of Slavery 229 been made between the issue of a slave or a bond-woman. In other words, those rights which slaves are entitled to are also enjoyed by bond-women as well. Albeit, there is this much difference, that Islām has more emphatically encouraged that bond-women be given a good education and morally trained, freed and taken into a tie of matrimony. 1 Moreover, until bond-women remain in a state of slavery, it has been appreciated that free people settle relationships of marriage with them, so that this family union may result in a most speedy reformation in the civilization and society of slaves. It is for this very fundamental purpose that the issue of bond-women has been excluded from the extreme limit of polygamy. 2 This is so that the greatest possible opportunities become available for the reformation of the civilization and society of slaves and bond-women, and so that they become capable of manumission as quickly as possible. In this regard, various Qur’ānic verses have been recorded in the exposition above, and as such, there is no need for reiteration here. Now remains the question as to whether a formal announcement of marriage is required for bond-women or not? This is dependent on varying circumstances. Firstly, when there is a question of marriage between a bond- woman and a slave. Secondly, when there is a question of marriage between a bond-woman and a free man, who is not her owner and master. Thirdly, when there is a question of marriage between a slave and a free woman. Fourthly, when there is a question of marriage between a bond-woman and her master and owner. Among these four probable cases, it is universally accepted that for the first three cases, an official announcement of marriage is required, and without it a relationship of marriage cannot be established. However, in the fourth case, in the matter of relations between a master and bond- woman, most scholars do not deem an official announcement of marriage to be necessary. The summary of their argument is that since a master possesses a right of ownership over his bond-woman; therefore, in legal terms this should be considered as representing a right to marriage, and no separate and official announcement of marriage is required. The reason being that the safeguarding of morals, society and genealogy, which are taken into account at the official announcement of marriage, are equally attained by this 1 Ṣaḥīḥul-Bukhārī, Kitābun-Nikāḥ, Bābuttikhādhis-Sarāriyyi Wa Man A‘ataqa Jāriyatan Thumma Tazawwajahā, Ḥadīth No. 5083 2 An-Nisā’ (4:4)