İdealizmden Realizme Esir Hukukunun Değişim Süreçleri
From Ideality to Reality. The Change of Slavery Law in Islam

Summary/Abstract: This article examines the regulations about slavery in Islamic jurisprudence. This study tries to learn about the slavery in the Koran and sunnah and, if later practices were parallel to the rulings in the Koran and sunnah. It seems that the scholars of Islamic law left this matter to the sultan’s degrees. In early times some scholars have opposed to the killing or enslaving of the captives, nevertheless they have failed. As a result the killing or enslaving of the captives became a rule and it was not approved, even releasing by ransom. Though there were some verses and prophetic traditions in Islam, both in theory and the practice, that demanded freeing the slaves in charge or even without any carge, these have considered as nullified. In later times we witness some people such as ibn Humam who raised some objections on the matter, however these also have been ignored. But the modern developments regarding the slavery in the West has affected the Ottoman land, and ironically it meant that the West has instructed to Muslims be outlawed slavery, something which is a doctrine similar to one in the Koran and the tradition of the Prophet Mohammad.

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