نظام الرق بين الفقه الإسلامي و قوانين الجنوب الأمريكي في القرنين السابع و الثامن عشر الميلادي : دراسة مقارنة

الملخص EN

This study aims to reveal the rules imposed by Islamic law to alleviate the burden of slavery in order to refute the negative image that is meant to be attached to Islam.

It was viewed as a religion that has encouraged slavery and worked to expand it, and have the same brutal treatment of slavery as in the west.

The study concluded that the Atlantic slave trade was an economic system that led to the largest forced migration of 12.5 million people, and that the legislation of American States pushed towards the perpetuation of slavery.

In addition, it authorized brutal practices towards slaves.

They weren’t considered as a part of the society, and they were denied the right to get married and start families.

The Western law also allowed the sale of their children adding the maintaining of the racial slavery of Africans.

In contrast, the study shows that the Slave Foundation in the Islamic world was a social system with a limited market.

Besides, Islamic Law has pushed towards the abolition of slavery.

It stressed that slaves should be treated kindly along with limiting the authorities of masters.

Not only, the Islamic law facilitates the integration of slaves in the Islamic society with Muslims' support, it also prohibited the sale of their children.

Moreover, marriages between free Muslims and slaves were allowed and legal protection was provided for mothers and children who were born through concubinage system.

Finally, Islamic law prohibited all forms of racism.