Felicita Tramontana (2007)
Il diritto musulmano e la schiavitù
The practice of slavery in the Middle Age and in the Maghreb, since the spread of Islam, was regulated by Muslim law, therefore the study of the latter could be useful to explain some characteristics of the slave trade in the region and some phenomena linked to it.
In this view, my aim is to analyse some articles of the Islamic law (sharia), in order to highlight its link with slavery in the Muslim world. Apart from slaves’ juridical status in Muslim law, the first part of the paper also highlights the problem of the different status between Muslim and non-Muslim slaves according to the Muslim doctrine and its rules in the matter of slaves’ emancipation.
Although since the Middle Age Muslim law was the common ground for the practices of slavery in all the Arab world, there were remarkable differences in time and space. This is the topic of the second part of my paper. In the first place there were differences in the regulation of slavery according to the different juridical traditions of Islam, which probably caused local practices to be different too, according to the place. Furthermore there was a local regulation that changed through time and according to difference circumstances.
Another issue to consider is the regulation on slavery in the Ottoman Empire. There the sharia rules were integrated by the kings’ regulation (qanun). Finally, both for Maghreb and the Middle East, pre-islamic traditions and habits could have been relevant.
Abstract provided by the author.