Juridical Rationale and Role in Islamisation

Patricia Crone, in her recent analysis of the origins and development of Islamic political thought, makes an important nexus between the mass captivity and enslavement of non—Muslims during jihad campaigns, and the prominent role of coercion in these major modalities of Islamisation. Following a successful jihad, she notes:

Male captives might be killed or enslaved, whatever their religious affiliation. (People of the Book were not protected by Islamic law until they had accepted dhimma.) Captives might also be given the choice between Islam and death, or they might pronounce the confession of faith of their own accord to avoid execution: jurists ruled that their change of status was to be accepted even though they had only converted out of fear. Women and children captured in the course of the campaigns were usually enslaved, again regardless of their faith...Nor should the importance of captives be underestimated. Muslim warriors routinely took large numbers of them. Leaving aside those who converted to avoid execution, some were ransomed and the rest enslaved, usually for domestic use. Dispersed in Muslim households, slaves almost always converted, encouraged or pressurised by their masters, driven by a need to bond with others, or slowly, becoming accustomed to seeing things through Muslim eyes even if they tried to resist. Though neither the dhimmi nor the slave had been faced with a choice between Islam and death, it would be absurd to deny that force played a major role in their conversion. [1]

For the idolatrous Hindus, enslaved in vast numbers during the waves of jihad conquests that ravaged the Indian subcontinent for well over a half millennium (beginning at the outset of the 8th century C.E.), the guiding principles of Islamic law regarding their fate were unequivocally coercive. Jihad slavery also contributed substantively to the growth of the Muslim population in India. K.S. Lal elucidates both of these points: [2]

The Hindus who naturally resisted Muslim occupation were considered to be rebels. Besides they were idolaters (mushrik) and could not be accorded the status of Kafirs, of the People of the Book — Christians and Jews... Muslim scriptures and treatises advocated jihad against idolaters for whom the law advocated only Islam or death... The fact was that the Muslim regime was giving [them] a choice between Islam and death only. Those who were killed in battle were dead and gone; but their dependents were made slaves. They ceased to be Hindus; they were made Musalmans in course of time if not immediately after captivity...slave taking in India was the most flourishing and successful [Muslim] missionary activity...Every Sultan, as [a] champion of Islam, considered it a political necessity to plant or raise [the] Muslim population all over India for the Islamisation of the country and countering native resistance.

Vryonis describes how jihad slavery, as practiced by the Seljuk’s and early Ottomans, was an important modality of Islamisation in Asia Minor during the 11th through the 14th century [3]:

A further contributing factor to the decline in the numbers of Christian inhabitants was slavery...Since the beginning of the Arab razzias into the land of Rum, human booty had come to constitute a very important portion of the spoils. There is ample testimony in the contemporary accounts that this situation did not change when the Turks took over the direction of the jihad in Anatolia. They enslaved men, women, and children from all major urban centers and from the countryside where the populations were defenceless. In the earlier years before the Turkish settlements were permanently affected in Anatolia, the captives were sent off to Persia and elsewhere, but after the establishment of the Anatolian Turkish principalities, a portion of the enslaved were retained in Anatolia for the service of the conquerors.

After characterising the coercive, often brutal methods used to impose the devshirme child levy, and the resulting attrition of the native Christian populations (i.e., from both expropriation and flight), Papoulia concludes that this Ottoman institution, a method of Islamisation par excellence, also constituted a de facto state of war: [4]

...that the sources speak of piasimo (seizure) aichmalotos paidon (capture) and arpage paidon (grabbing of children) indicates that the children lost through the devshirme were understood as casualties of war. Of course, the question arises whether, according to Islamic law, it is possible to regard the devshirme as a form of the state of war, although the Ottoman historians during the empire's golden age attempted to interpret this measure as a consequence of conquest by force be'anwa. It is true that the Greeks and the other peoples of the Balkan peninsula did not as a rule surrender without resistance, and therefore the fate of the conquered had to be determined according to the principles of the Koran regarding the Ahl-al-Qitâb: i.e. either to be exterminated or be compelled to convert to Islam or to enter the status of protection, of aman, by paying the taxes and particularly the jizya (poll-tax). The fact that the Ottomans, in the case of voluntary surrender, conceded certain privileges one of which was exemption from this heavy burden, indicates that its measure was understood as a penalisation for the resistance of the population and the devshirme was an expression of the perpetuation of the state of war between the conqueror and the conquered... the sole existence of the institution of devshirme is sufficient to postulate the perpetuation of a state of war.

Under Shah Abbas I (1588—1626 C.E.), the Safavid Shi'ite theocracy of Iran expanded its earlier system of slave razzias into the Christian Georgian and Armenian areas of the Caucasus. Georgian, Armenian, and Circassian inhabitants of the Caucasus were enslaved in large numbers, and converted, thereby, to Shi'a Islam. The males were made to serve as (primarily) military or administrative slaves, while the females were forced into harems. A transition apparently took place between the 17th and 18th centuries such that fewer of the slaves came from the Caucasus, while greater numbers came via the Persian Gulf, originating from Africa. [5] Ricks notes that by the reign of Shah Sultan Husayn;

The size of the royal court had indeed expanded if the numbers of male and female slaves including white and black eunuchs are any indicators. According to a contemporary historian, Shah Sultan Husayn (d. 1722) made it a practice to arrive at Isfahan's markets on the first days of the Iranian New Year (March 21) with his entire court in attendance. It was estimated by the contemporary recorder that 5,000 male and female black and white slaves including the 100 black eunuchs comprised the royal party. [6]

Clement Huart, writing in the early 20th century (1907), observed that slaves, continued to be the most important component of the booty acquired during jihad campaigns or razzias: [7]

Not too long ago several expeditions crossed Amoû-Deryâ, i.e. the southern frontier of the steppes, and ravaged the eastern regions of Persia in order to procure slaves; other campaigns were launched into the very heart of unexplored Africa, setting fire to the inhabited areas and massacring the peaceful animist populations that lived there.

Willis characterises the timeless Islamic rationale for the enslavement of such 'barbarous' African animists, as follows: [8]

...as the opposition of Islam to kufr erupted from every corner of malice and mistrust, the lands of the enslavable barbarian became the favourite hunting ground for the 'people of reason and faith'—the parallels between slave and infidel began to fuse in the heat of jihad. Hence whether by capture or sale, it was as slave and not citizen that the kafir was destined to enter the Muslim domain. And since the condition of captives flowed from the status of their territories, the choice between freedom and servility came to rest on a single proof: the religion of a land is the religion of its amir (ruler); if he be Muslim, the land is a land of Islam (dar al—Islam); if he be pagan, the land is a land of unbelief (dar al—kufr). Appended to this principle was the kindred notion that the religion of a land is the religion of its majority; if it be Muslim, the land is a land of Islam; if it be pagan, the land is a land of kufr, and its inhabitants can be reckoned within the categories of enslavement under Muslim law. Again, as slavery became a simile for infidelity, so too did freedom remain the signal feature of Islam...The servile estate was hewn out of the ravaged remains of heathen villages — from the women and children who submitted to Islam and awaited their redemption...[according to Muslim jurist] al—Wanshirisi (d.1508), slavery is an affliction upon those who profess no Prophecy, who bear no allegiance to religious law. Moreover, slavery is an humiliation — a subjection— which rises from infidelity.

Based on his study and observations of Muslim slave razzias gleaned while serving in the Sudan during the Mahdist jihad at the close of the 19th century, Winston Churchill wrote this description (in 1899): [9]

all [of the Arab Muslim tribes in The Sudan], without exception, were hunters of men. To the great slave markets of Jeddah a continual stream of negro captives has flowed for hundreds of years. The invention of gunpowder and the adoption by the Arabs of firearms facilitated the traffic...Thus the situation in the Sudan for several centuries may be summed up as follows: The dominant race of Arab invaders was increasingly spreading its blood, religion, customs, and language among the black aboriginal population, and at the same time it harried and enslaved them...The warlike Arab tribes fought and brawled among themselves in ceaseless feud and strife. The negroes trembled in apprehension of capture, or rose locally against their oppressors.

All these elements of jihad slavery— its juridical rationale, employment as a method of forcible Islamisation (for non—Muslims in general, and directed at Sub—Saharan African Animists, specifically), and its association with devshirme—like levies of adolescent males for slave soldiering— are apparent in the contemporary jihad being waged against the Animists and Christians of southern Sudan, by the Arab Muslim—dominated Khartoum regime. [10]

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