Mukataba - Mukataba in The Qur'an and Early Islam

Mukataba in The Qur'an and Early Islam

The institution of mukataba is based on Qur'an :

Those your right hands own who seek emancipation, contract with them accordingly, if you know some good in them; and give them of the wealth of God that He has given you.

According to Joseph Schacht, those who were hearing Muhammad pronouncing this verse "were supposed to know the details of the transaction referred to, and the strictest interpretation of the passage suggests that it was not identical with the contract of manumission by mukataba such as was elaborated later by the ancient lawyers in the second century of Islam." The earliest interpretation of the verse suggested that the mukatab became free after paying one-half of the agreed amount. Another early decision attributed to the Meccan scholar Ata ibn Rabi Rabah was that the slave acquired liberty having paid three-quarters. The doctrine of an early school of Islamic jurisprudence based in Kufa held that the mukatab became free as soon as he paid off his value; other contemporaneous opinions were that the mukatab became free pro rata with the payments or that he became free immediately after concluding the contract, the payments to his master being ordinary debts. Finally the view of the Kufan scholars prevailed, and according to Schacht, the hadith supporting this position were put into circulation; first they were projected to Muhammad's companions and later to Muhammad himself.

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