Mukataba - Islamic Law

Islamic Law

Among later Muslim scholars, an early opinion that Qur'an 24:33 implied a strict obligation did not prevail; the consensus reading of the verse is that the verse makes only a recommendation, and accepting a request for a mukataba from slaves is thus not obligatory for masters. There are two different views of mukataba among scholars causing a divergence in the details: some call mukataba as a "conditional enfranchisement", while others see it as "ransom by the slave of his own person". Jurists usually disapprove of entering a mukataba with a female slave with no honest source of income. The majority of Sunni authorities approved the manumission of all the "People of the Book", that is, Christians and Jews, but according to some jurists, especially among the Shi’a, only Muslim slaves should be liberated.

Although the owner did not have to comply with the request for mukataba, it was considered praiseworthy to do so. According to the opinion of a majority of Muslim jurists, the slave must pay the agreed-upon amount in instalments. The followers of Hanafi school of Islamic jurisprudence accept one immediate payment; scholars of the Maliki school require one instalment, while Hanbalis and Shafi'is insist on at least two instalments. The slaves were allowed to either work independently and apply their earnings for their ransom, or to work for the master. Having given his consent the owner was not permitted to change his mind, although the slave had such an option. In the event the slave became delinquent in meeting the payments, he was obliged to return to unqualified servitude, with the master keeping the money already paid him. At the end of the payments, a rebate is usually given to the slave in compliance with . The amount of the rebate depending on the authorities can be "fixed or discretionary, obligatory or merely recommended".

The emancipation of a mukatab occurs only when he has paid to the master the agreed amount in full. The contract may be revoked when the slave defaults on one of the payments. The mukatab may receive the proceeds from the Islamic charity (zakat), but he is not entitled to them. When the mukatab makes the final payment, he is entitled to a rebate, in compliance with the Qur'anic text. Islamic authorities disagree as to whether the rebate is obligatory or merely recommended and whether its sum is fixed or discretionary. After manumission, the slave liberated through mukataba remains a client (mawali) of his former master.

Most Muslim scholars forbid selling the slave after concluding the mukataba; the Hanbalis, who disagree with this view, maintain that the purchaser inherits the obligation to liberate the mukatab under the terms of the contract of enfranchisement. The owner cannot marry a mukatab without his or her consent. Islamic law prohibits concubinage with a female slave who has concluded a mukataba.