Ruling on slavery in Africa and on inheriting from slaves
Q:
What is the ruling on slavery in
Africa,
whose people are regarded as slaves? What is the ruling on their inheritance when they die?
Is slavery lawful or not? I hope to receive a Fatwa substantiated with conclusive evidence from the Qur'an and the Sunnah (whatever is reported from the Prophet).
A:
Man is freeborn. However, slavery can befall some people due to their Kufr (disbelief). Slavery signifies the legal incapacity of the person who is enslaved. Slavery (which used to prevail in the past) is mentioned in the Qur'an, Sunnah, and Ijma` (consensus of scholars). A slave neither inherits nor is inherited and is excluded from inheritance. A Mub`ad (a slave freed by one master and is not freed by the other), on the other hand, inherits, is inherited, and is excluded from inheritance according to the extent of his freedom. There must be Shar`y (Islamically lawful) evidence to establish the slavery of a certain person; and being black or white is not enough to establish this, because a slave might be black or white. Rather, slavery is established when its Shar`y reason exists. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.