This is a question for those who take it upon themselves to find who who their fathers are, i.e, doing genealogy research.

For those captured and sold into slavery, and then their descendents who lived through slavery in Europe and the Americas, how exactly have scholars classified them. Are those initially captured considered considered captives, while their progeny is considered slaves? Or are they to be considered slaves and so when looking at lineage certain confusions can be laid to rest by simply using generational consensus on the rules of slaves?

By confusions, an example is where a European "slave master" has a child with his "slave". If the mother was to be considered a captive, then in such a case the child would be considered a child of zina and hence the lineage goes through the mother. On the other hand, if the mother is to be considered slave, then would that not mean that the lineage goes through the slave master?

As for "generational consensus", or simply things that past generations have done without disagrement on the requirement that Islam affirms those actions and hence the generational consensus does not against the shariah, an example would be the famous:

إن المولود يتبع أباه في الإسم والنسب، ويتبع أمه في الحرية والرق، ويتبع خير والديه في الدين

A new born follows his father in name and lineage, and follows his mother in freedom or slavery, and the child follows the parents who had the best religion (for when a child befre puberty dies, and if they are to be prayed over and buried in muslim cemetaries).

Of whom who mentioned this were Ibn Al Qayyim Al Jawziyyah in his أحكام المولود.

Back to the topic at hand, for what Islam has affirmed of Slavery when it came in the time of Ignorance of the Arab, is that what we use for classifying and applying rules to historical individuals important to our personal lineage? Or is the fact that, regardless of how the Arab got their slaves before Muhammad ﷺ sent, Islam officially cut off all forms of slave procuration except for one which was allowable for our ummah, and so the Europeans taking Africans or Natives as captives and their generations of slavery are not to be counted as "Slaves" but as captives?

That was a long question, but I hope it was understandable. Again, to summarise my question, are the generations of slaves in Europe and the Americas to be considered slaves or captives? What have the scholars said on this matter and which scholarly works should be read to further research this matter?

  • This is a long confusing text. Slavery on Europe is not related to Islam at all therefore rulings of Islam cannot apply there. It is confusing how you seem to speak about slaves living in a non-Muslim household and try to apply shari'a rulings on them while shari'a can only and even must be applied under Muslim leadership. Please consider editing your post and making it clear and concise. – Medi1Saif Oct 6 '20 at 6:46
  • Sorry sir, it seems like you do not understand my question @Medi1Saif. Certainly it would seem I need to edit it, however, I feel like I described the problems well. I did not ask whetehr Slavery in europe was relatedto Islam or whetehr the rulings of Islam shold be or not be applied to them. Rather, and I said this in the first paragraph, this matter is for those doing geneology and trying find lineage that Europe stripped from them. How would someone deal, for example, with a child bron to a european master. DOes the lienage go through the mother or the master. Is the child of zina, or not. – matvei.amer Oct 6 '20 at 15:42
  • It seems to me that this could be answered with clarification how slaves in europe are to be considered. Are they slaves and as such children from their masters would have their lineage go through them, or are they captives, in which the lineage go through the mothers as it would be considered rape and the children children of zina. This is just one example of what a problem descedents of the people would face when trying to figure out their lineage, and see Black Genaelogy by Charles L Blockson. – matvei.amer Oct 6 '20 at 15:44
  • Isn't zina a term defined in shari'a? – Medi1Saif Oct 6 '20 at 15:45
  • And if calssifying them as slaves or captives is not the right way, then perhaps you should bring what scholars have spoken on in rgeradsto the stance on the nature of the individuals sold into the transatlantic slavery. I really can't see how I could be more straightforward @Medi1Saif – matvei.amer Oct 6 '20 at 15:45

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