Cover of Marriage and slavery in early Islam

Marriage and slavery in early Islam

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  1. Marriage modeled as ownership

    Early jurists described marriage with the same vocabulary of ownership they used for slavery: forming a marriage was compared to a purchase, and ending one was compared to freeing a slave. Borrowing that language shaped what rights each spouse was thought to hold.

  2. Analogies that perpetuate themselves

    Once a husband was likened to a master and a wife to a slave, the comparison kept generating new rules in its own image. This happened even while the same jurists insisted that free women had dignity, so the analogy outran the scholars' stated intentions.

  3. Separate institutions shaping each other

    Marriage and slaveholding were formally distinct legal institutions, yet each molded the other's doctrines. Sometimes their rules converged and sometimes they deliberately diverged.

  4. Gendered, interlocking marital claims

    What a husband and a wife could demand of each other, such as dower, sex, obedience and companionship, was tied together and differed by sex. Each claim depended on the others, so debates about any one of them kept returning to questions of status: wife or concubine, slave or free, male or female.

  5. Status hierarchies that cross-cut each other

    When rules of sex and rules of ownership overlapped, the hierarchies did not line up neatly. A free woman who owned land could not have sex with her male slave, while that same slave might be allowed concubines of his own. Jurists increasingly defended enslaved husbands' masculine rights.

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