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Assalamu alaikum,

In the course of my readings, I have often wondered whether, nowadays, there are still areas of the Muslim world (whether in the Gulf or the Maghreb etc) where people still actually own Shar'i slaves unofficially, and also whether it is still possible to procure them.

Obviously I'm not talking about modern slaves such as migrants and forced laborers where this does not at all respect fiqh and Shar'ia related to slavery.

Barak Allahu fikoum for your answers.

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السلام عليكم ورحمة الله وبركاته

بسم الله الرحمن الرحيم

Shaykh Salih Al Muslih was asked

ما حكم الرقيق الموجود الآن فى العالم، هل يأخذ حكم ملك اليمين فى جِماعها والخلوة بها؟ علمًا بأن تجارة الرقيق تجد رواجًا كبيرًا فى بعض الدول، وهي إما نتيجة الخطف أو الحروب؟

What is the ruling on slaves who are present in the world? Do they take the same ruling as Mulk al-Yameen (captives whom the right hand possesses) with regards to sexual intercourse and seclusion with them bearing in mind that salve trade has a great demand in some countries. The slaves are a result of either abduction or war?

Shaykh Replied replied

الرقيق الموجود الآن لا يُعْلَم عن حاله ولا عن كونه رقيقًا في الأصل، فالذي نسمعه أن كثيرًا من ذلك يكون بالخداع واسترقاق الأحرار، ومهما يكن من أمر فإن كان هذا عند الكفار فإن الأصل أنه يجوز شراء الرقيق من الكافر، وقبوله هدية منه، فإن النبي صلى الله عليه وسلم قَبِلَ هدية ملك مصر لما أهدى إليه مارية كما هو مشهور في كتب السير والتراجم، ولأن الأصل في المعاملات الحِلّ، وقد قال الله تعالى: {وأحل الله البيع}

The state of slaves present today in the world is not known neither is it known if these were slaves before. What we hear today is that many of them became slaves as a result of deceit or enslaving free people. Whatever the case might be, it is permissible to buy slaves from the disbelievers because the principle on slaves is that it is permissible to buy them from disbelievers and accepting them as gifts. The Messenger of Allah (peace be on him) accepted Maria as a slave when she was given to him as a present by the king of Egypt. This story is famous in history and translation books. Moreover the principle on transactions is that they are permissible. To this end, Allah the Exalted said: “whereas Allah has permitted trading and forbidden riba (usury).” [al-Baqarah: 275].

Translation of Fatwa is also present on his website.

Who is Shaykh Khalid Al Muslih?

Shaykh Khaled AlMuslih memorized the Qur’an with Shaykh Muhammad bin Salman al-Salman. He studied very closely under Shaykh Muhammad Ibn Salih Al 'Uthaymeen, Shaykh Abdullah Al Bassam and Shaykh Ali Az Zamil and many others.

He started studying with Shaykh Muhammad bin Salih al-Uthaymin since 1983, the latter read to him in Tafsir, Hadith, Usul al-Din (Aqidah), Fiqh, Usul al-Fiqh and Arabic language. He was honored to be one of his sons in law marrying the Shaykh’s eldest daughter in 1987 and accompanied him ever since 1988 until the Shaykh passed away.

Shaykh Khaled was one of the only three appointed as Shaykh Ibn 'Uthaymeen's successor in teaching Aqeedah and Tafseer.

Shaykh Khalid Al Muslih has also participated in various Fiqh-related seminars, such as the Fiqh Council and Islamic conferences.

Source - Biography of Khaled Al Mosleh

I hope this answer's your question.

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