Saturday, September 24, 2016

Sharif Gabir and the Dunning Kruger effect, why do we hate Israel?

(English isn't my first language so i might make grammatical mistakes)
Introduction:
Sharif Gabir as I write this article probably have over 52k subscribers as he is one of the most growing atheists channels on youtube, although many arab muslims have dedicated replies to him, some are logical and some are as emotional as sharif himself, one channel in particular have been attacking his claims one by one and it’s owned by doctor haitham tal’at, however these videos are dedicated towards arab muslim audience, there are no people I’m aware of that made a reply to him, although his claims are even weaker than the masked arab
(i want to clarify that what i mean here is that sharif lack of sources and refrences in comparison to the masked arab might make the masked arab argument stronger but my point is that they *appear* weaker duo to the fact of lack of sources and the overall anecdotal theme in his videos, to me both sharif and the masked arab are equally weak and wrong)
 and he cite less sources and references but of course yet again cite weak narrations without checking the sanad just like the masked arab as I demonstrated, speaking of the masked arab I’ll be returning to him after future plans and I’ll be making the final reply to him, anyways, this is as much videos I gathered for the past week as I could, some other videos have been removed for some reason, his video that contain the so called camel urine issue (which will be addressed shortly) could not be found, but I was able to found a video that contain this claim alone, not the video as a hole With this simple introduction let us proceed
I have decided to address each video in a separate article, duo to the fact that addressing all of them will make my article large enough to be unreadable

why do you hate Israel:?
In this video Sharif gabir attempt to legitimize and rationalize the state of Israel and what it does to the Palestinians

@00:36 of his video, sharif starts with the same old argument that Israel is more legit because they were the original owners of the lands (supposedly) he cited no sources no references but let’s ignore that, the twist here is that he switched it around and stated “let us assume that Palestinians are the original owners so the are the legit owners of the land (although this is a non sequitur fallacy but let us proceed) so whenever a force come and invade it then this is occupation” now let us assume this is correct for a second and that Palestine is not the original owner of the land, this argument is actually self-refuting, because the Canaanites were the original owners of the land [1]before Israel took it from them, even the god of the bible told the jews to kill the Canaanites
"destroyed with the sword every living thing in it—men and women, young and old, cattle, sheep and donkeys" [2]
Joshua fought against them and took the land we call Israel now from them, so by Sharif’s logic the Canaanites should take their lands back, of course, thanks to Israel the Canaanites no longer exist (or as I assume them to be)

@00:57 of his video Sharif state that he discovered Egypt to be also conquered by Arabs, he cite the conquest of ‘Amr bin al-‘as as evidence for his claim, he claim that Egypt was not conquered before by any force, he state that we learned it to be a conquest to liberate Egypt since they were occupied,  but in reality they were not they were Copts (as he claim) but let’s fact check this claim, was Egypt free before ‘Amr bin Al-as conquest from any empire or force? The answer is surprisingly no
Egypt was under the providence of a byzantine empire with the governor residing in Alexandria, although they were Christians, the inhibitors of Egypt were monophysite unlike the Melkite Byzantines who regarded them as heretics, the difference is they think jesus was divine, while the Byzantines believed he was both human and divine, in result they suffered persecutions and religious discrimination at the hands of their rulers (referring to the Byzantines) while also burdened with heavy taxation to defray the expenses of constant warfare between the Byzantines and rivals outside, so far that there was even Greek presence there, the battle between arabs and Byzantines took place in Heliopolis, the agreement between the Egyptians and the arabs read as the following ” ‘In the name of God, the merciful, the compassionate, this is the amnesty granted to the people of Egypt, to their religion, their goods, their churches and crosses, their lands and waters, nothing of which shall be touched or seized from them”[3]
Of course they had to pay jizyah tax (I might dedicate a future article in relations to this issue)

The Byzantine emperor repudiated the treaty between the Arabs and the Egyptians, but the local Coptic governor joined with Amr ibn al-As, the commander in chief of the Arab forces and the new governor of Egypt, against the Byzantines and in favour of the treaty. By 641 Byzantine attempts to recapture Egypt had failed and the whole of Egypt was incorporated within the expanding Arab empire. The majority of the population remained Christian and retained their own language, so that the process of Arabization and Islamization that eventually took place was to take several centuries, Amr, the new governor of Egypt, ruled justly and efficiently[4]

To claim that there was no nation imperlizing Egypt before amr bin al-ass is a false assumption that fails in the face of growing evidence
for more information on the arabs and the conquest of Egypt please read Cambridge University Press A History of Egypt: From the Arab Conquest to the Present article, linked in the endnotes

@01:52 of his video Sharif brings quite of a dangerous and crazy example, he state that Palestine were not civilized during their times, and not as modern as japan and United states, and was still poor third world country, let’s ignore this for a second, he state that if you have someone with a mic but who can’t speak and can’t use it, but another person can use the mic (the mic in this case is the example of the land) according to his logic, Israel can use the mic (the land) better than the Palestinians, therefore Israel is legit owner, this is a non sequitur and a very dangerous idea, I shall provide an example of my own to refute it but let us apply it to the real world, now go to every non-muslim poor third world country, by this logic we are more legitimized to conquer them and take their lands because we can use it better and build better cities, how can anyone accept such imperialist propaganda? How can his fans agree with such dangerous assumption, he is basically saying it’s ok to imperialize a land and take it because the original owners were poor and didn’t utilize it better?
Now as for my example, let’s imagine you have two neighbors , one is a scientist (this example will be applicable to the future argument of Israel being superior in scientific research than Palestine) and the other one was a poor man, the scientist was a horrible monster, he beat up this poor man and killed his children and torture his wife , now let me ask you this, does this mean we should allow that deleterious neighbor to live alongside that poor man and torture him forever simply because that man is important? Or shall we put him in trials and judge him on his crimes?

@03:10 he said “but if you come and look at it from logical point of view and not emotional” yes Sharif, logical, it’s logical to allow a murderer to live simply because he is important right?
@03:33 he cites a ridicules video by cbn state the following

“Israel was recently ranked the fourth most innovative nation in the world. From the iPhone to the Playstation, the ideas behind many of your favorite gadgets came from inventors here in Israel.

* Flip-top cell phones
* Keyboards for smart phones
* Intel Pentium chips
* The ability to print straight from your computer
* The flash drive
* The chip in the iPad
* The operating system that runs the Amazon Kindle
* The chip that controls the Sony Playstation.
* The 3D sensor in Xbox Kinect gaming systems”[5]

There are no sources no reference to any of the claims above apart from the flash drive and Epilator who are true Israeli inventions, however the list above by CBN is nothing but pure propaganda, but let’s ignore it even if it was true
However, this is a strawman to many arguments brought by pro Palestinians such as myself, we are not saying Israel should stop all it’s activity and leave, we are proposing two state and one state solution to solve the issue, only fundamentalist propose the removal of Israel

@04:19 Finally we get to enter the core argument of the Israel and Palestinian conflict, he state that this is not because of the people of palatine, but because of hamas, is it?

(Jerusalem) – Israel’s new law regulating nongovernmental organizations targets human rights organizations and other groups that criticize the government with onerous reporting requirements about donations from foreign governments. The law, written in a way to exempt many organizations that support government policies and settlement activities, including those that receive foreign private donations, sets back freedom of association in Israel.[6]
1-ISRAELI OCCUPATION IS ILLEGAL:
Laws Violated: U.N. Charter, Article 2(4) & 51 (1945); Declaration on Principles of International Law Concerning Friendly Relations…, Principle 1
(1970).
Israeli Actions: It is illegal under international law to acquire land by force: Israel annexed land occupied by force during 1948 and 1967 wars (lands other than those given by the UN 1947-48 partition plan) ILRC article. Military action and occupations are legal only if they are for self-defense, or to directly benefit the native population. But studies show Israel is not just defending itself as it develops de-facto annexation with its settlements and separation barrier on occupied land, as it takes over most of the occupied territories (over 70%) and its natural resources for its own use and economic benefit, at the expense of the native population. ILRC article on why the Occupation is illegal
2-ILLEGAL ISRAELI SETTLEMENTS ON OCCUPIED LAND:
Laws Violated: Geneva Conventions IV, Article 49(6) (1949). It is illegal to colonize occupied land or transfer non-indigenous population to that land. Israeli Actions: Immediately following the 1967 war, Israel began building Israeli civilian settlements on Palestinian lands, eventually building over 200 settlements throughout the occupied territories, and settling over 450,000 Israeli civilians in them, displacing hundreds of thousands of Palestinian civilians from their own legally owned lands. In addition, Israeli citizens live in hundreds of Israeli settlements on occupied land not originally given to them in the UN Partition Plan, displacing hundreds of thousands of Palestinians. ILRC article

3-ILLEGAL TO TAKE LAND BY FORCE & CLAIM SOVEREIGNTY:
Laws Violated: U.N. Charter, Article 2(4) (1945); Declaration on Principles of International Law Concerning Friendly Relations…, Principle 1 (1970). Israeli Actions: In violation of the UN Partition Plan, Israel took an extra 15% of the land in 1948, and then, following the 1967 war, Israel confiscated East Jerusalem and the Golan Heights. ILRC article.
4-ILLEGAL ISRAELI PRACTICE OF ETHNIC CLEANSING:
Laws Violated: Forbidding civilian populations the right to return to their homes following the end of armed conflict is in direct violation of international law and UN resolutions. Geneva Convention IV, Articles 45, 46 & 49 (1949), UN resolutions 194 (III) (General Assembly; 1948) & 237 (Security Council; 1967). Israeli Actions: Since 1910, in different ways, the Zionists and then Israel have taken Palestinian lands, forced native populations from their land, and then refused the Palestinian landowners or tenants’ residency or employment on them. Following fighting in 1948 and then again in 1967, Palestinian civilians who wished to return to their homes in Israel and the Occupied Territories were forbidden re-entry (“right of return”), confining them to increasingly smaller areas of Israel and Occupied Territories. The Israeli government enacts laws, and employs its military to keep approximately 750,000 Palestinian Arab civilians from returning to their homes following the end of fighting both in 1948 and in the occupied territories in 1967. Israel then violates UN resolutions ordering them to respect Palestinians’ right to return to their homes. See the ILRC article on Right of Return and ILRC article on Ethnic Cleansing.
4-ISRAELI APARTHEID SYSTEM IS ILLEGAL:
Laws Violated: International Convention on the Suppression and Punishment of the Crime of Apartheid (1976). Link to our fact sheets on Israeli Apartheid. Israeli Actions: The State of Israel has a formal system of legalized discrimination against Palestinian Arabs which technically fits the official UN definition of Apartheid. ILRC article. Israel’s society-wide system of discrimination and isolation of the Palestinian people within Israel, and its system of exploitation, oppression and isolation in the occupied territories, fits exactly the official, legal UN definition of apartheid, which is considered to be a crime against humanity. The practice of passing laws which give special favor throughout Israeli society to the Jewish people over all other people, and especially the native Palestinian Arab people, embodies the UN definition of apartheid, which is giving special favor to one group of people above all other groups based on criteria like what religion they are. Another example is in 2003, the Israeli legislature (Knesset) passed legislation that forbade spouses of Arab-Israeli citizens who are in the occupied territories from joining their families in Israel (with some exceptions). The reason for this legislation is to help maintain the Jewish demographic majority family unification. The racist nature is evident in that only Palestinians (no other ethnic groups) are not forbidden to live in Israel after marrying an Israeli. ILRC article. General article. Amnesty International argues that this law violates fundamental principles of equity, human dignity and personal freedom enshrined in basic law as well as the rights of the child to live with both parents and other fundamental rights enshrined in human rights treaties in which Israel is a signer. ILRC article on Israeli Apartheid

for sources of all above citations please read the following article in regards to Israel violations of humans rights

I shall leave you with this major work of humans rights watch, a 170 pages explaining Israel violations of basic humans rights[7]

Now for the sake of brevity, let’s move to the next point


@04:57-07:18 Sharif argues and rambles about how Israel is important he goes as to mention the scientific research capacity of Israel, the military industry complex, the drug manufacturing capacity, the education system, farming system, and overall how civilized Israel is, I’m not sure what he is advocating with these rambling, but let us go back to my example
“let’s imagine you have two neighbors, one is a scientist (this example will be applicable to the future argument of Israel being superior in scientific research than Palestine) and the other one was a poor man, the scientist was a horrible monster, he beat up this poor man and killed his children and torture his wife, now let me ask you this, does this mean we should allow that deleterious neighbor to live alongside that poor man and torture him forever simply because that man is important? Or shall we put him in trials and judge him on his crimes?”

Now basically according to the example above in relations to all Israel violations of basic human rights and dignity, we should allow them to continue their occupations and discrimination simply because of their advancements in science and education

@07:20 Sharif start with the argument relating to the treatment of women in Egypt, he state that Israel is the safest place in the middle east for a girl to live, he cited NO sources no references for any of his claims at all, his only source, seriously his only source for this is a random video of how police treat women in Egypt
What makes it so damning is that Israel Times admitted by it’s own that Israel singled out at UN for women’s right violations
“Israel’s UN Ambassador Ron Prosor denounced the resolution saying it was further proof of the UN’s bias against Israel, as it was the only country singled out by the 45-member commission.

“If anyone has ever doubted that the UN is biased against Israel, today we got further proof. Of the 193 member states in this institution, dozens slaughter innocent civilians and impose discriminatory laws that marginalize women and yet they all get a free pass. The Commission on the Status of Women itself includes some of the worst violators of human rights, as Iran and Sudan,” he said.”[8]
“While we've been distracted by alarmism over newly elected Islamist leaders enforcing hijabs and bikini bans in the Arab world, Israel is already embroiled in attempts to rein in this unruly matter of female "immodesty".

Last week, Israel's Haaretz newspaper reported on businesses in the southern town of Sderot signing up to a "dignified" dress code – whereby female employees must be "modestly" clothed. So far 20 stores have adopted this long-sleeves directive, initiated by a religious group which says it did not actively threaten to boycott non-signatory shops – but which, nonetheless, has considerable buying power. Not surprisingly, the women subjected to this new code have described it as religious coercion.”[9]

Even before the state of Israel was created, there were women fighting for women's rights in the land that became the state of Israel, for example women in the New Yishuv. Yishuv is the term referring to the body of Jewish residents in Palestine before the establishment of the state of Israel, and New Yishuv refers to those who began building homes outside the Old City walls of Jerusalem in the 1860s. In 1919 the first nationwide women's party in the New Yishuv (the Union of Hebrew Women for Equal Rights in Eretz Israel) was created, and Rosa Welt-Straus, who had immigrated there that year, was appointed its leader, as which she continued until her death[10]

To claim that there was NOT a SINGLE violation of human rights in Israel, is a claim backed up by no evidence at all

@09:18 he states that the arab nations are the most major violators of humans rights in the world, He cited no sources no evidence for such claim, the Only evidence he has for such claim is Saudi Slave market being only illegal to 1962
And that is it, that is his evidence, a generalization fallacy, where he states that since saudi arabia had slave market in 1962 therefore all arab nations are to be blamed


Conclusion:
we reach the conclusion that Sharif establish no moral ground, he made insane and an unbelievable claim that as long as you are a scientist and important individual, a civilized man, you can have any land you want, this is the crazy and the sick mentality that the Zionist have and will always teach in their hesbra industry




[1] https://en.wikipedia.org/wiki/Canaan
[2] http://biblehub.com/joshua/6-21.htm
[3] https://books.google.iq/books?hl=en&lr=&id=xhpfWRp-BL0C&oi=fnd&pg=PR7&dq=amr+ibn+al-as+Muhammadan+architecture+in+Egypt+and+Palestine&ots=lBEdIapezf&sig=3dfZKe-2eYIu6ruhXWxufSOXxFM&redir_esc=y#v=onepage&q&f=false
[4] http://www.beck-shop.de/fachbuch/leseprobe/9780521700764_Excerpt_001.pdf
[5] http://www1.cbn.com/700club/made-israel-technology
[6] https://www.hrw.org/news/2016/07/13/israel-law-targets-human-rights-groups
[7] https://www.hrw.org/sites/default/files/report_pdf/israel0116_web.pdf
[8] http://www.timesofisrael.com/israel-singled-out-at-un-for-womens-right-violations/
[9] https://www.theguardian.com/commentisfree/2011/dec/23/israel-treatment-women-democracy
[10] https://en.wikipedia.org/wiki/Women_in_Israel#Women.27s_rights

Sunday, September 11, 2016

Was abu Jahal mutilated and brought to the Prophet? Fact checking The masked arab

(English isn't my first language so i might make grammatical mistakes)
this is a very short reply to the masked arab video regarding beheadings and mutilations, i shall look into the example he brought regarding mutilating the body of Abu Jahal, and was he really executed that way
the reason why i decided to address only this issue is because i was waiting for a complete throughout citation regarding the mutilation of dead bodies, although the masked arab admitted in his video that according to an authentic hadith mutilating the dead bodies is not allowed in islam but it's allowed incase if it was regarding revenge or retribution

there is a problem here, he rejected the out loud the most authentic source for islam namingly the second most authentic source which is the hadith stating that it's not allowed to mutilate the dead bodies, and based on a fatwa by a website named islamway, he concluded that you can still mutilate them so long as it's for revenge, now let's assume this is true, if it's really ok to mutilate the dead bodies in case of revenge, so what? the statement here is so vague and ambiguous the masked arab didn't even specify why he has an issue here, if someone mutilated your brother to pieces then you act in revenge by doing the same thing to him, where is the problem here? is it because of how grotesque it's or how violent it's? the masked arab didn't specify what is the issue here, however let me address the problem of mutilating abu jahal then i will proceed to cite my own counter fatwas that forbade mutilating the dead even in revenge

Was Abu Jahl Mutilated after he Died?:

the answer is unsurprisingly No, the source for the narration is actually weak, as i discussed this with skeptical77 in my last post, this is not surprising given the fact that the masked arab cited no sanad no authentication just like in his video regarding the execution of prisoners of war

in a dedicated article in Islam Web, the largest and most authentic online source for islam they have stated that the narration regarding the mutilation of abu jahl lack any significant sanad, 

"روى الطيالسي في مسنده، وأبو عوانة في مستخرجه، والطبراني في معجمه الكبير، والبيهقي في الكبرى عن ابن مسعود قال: أدركت أبا جهل يوم بدر صريعا، فقلت: أي عدو الله، قد أخزاك الله، قال: وبما أخزاني الله من رجل قتلتموه؟ ومعي سيف لي فجعلت أضربه ولا يحتك فيه شيء، ومعه سيف له جيد فضربت يده فوقع السيف من يده فأخذته، ثم كشفت المغفر عن رأسه فضربت عنقه"

Translation:
Al-Tialisi narrated in his sanad from abu 'una and al-tirani in ma'jam al-kabir, and bayhaqi in tabakat al kubra from ibn mas'ud said: i came across abu jahl in the day of badir on the verge of death, i said: oh enemy of allah , allah has embarrassed , and he replied : and what did god embarrassed me with, a man you killed? and i had a sword so i stroke him and nothing moved from him, and he had a sword so i cut off his hand, so exposed the helmet of his head and beheaded him

according to muhammad al-swaini in his book al sira al nabawia "there are many witnesses in this hadith, many in al tabarani, there is however a disconnection between abi ubaida and his father[1]

this means that this hadith is regarded as mursal, which means it’s weak, and I have already explained with sources in this blog how weak mursal is

now let us explore other sources

قال ابن إسحاق: وزعم رجال من بني مخزوم أن ابن مسعود كان يقول: قال لي: لقد ارتقيت مرتقى صعبا يا رويعي الغنم، قال: ثم احتززت رأسه ثم جئت به رسول الله صلى الله عليه وسلم فقلت: يا رسول الله هذا رأس عدو الله.

Translation:
Ibn Ishaq said: and a man from bani Makhzum said that ibn Mas’ud used to say to me: i made a hardship oh Grazers, then he said : I took his head (reffering to abu jahl) then I brought it to Muhammad I said : this is the head of allah’s enemy[2]

Right of the bat we have a problem without even citing a single source, we have an unknown narrator, who is that man from bani makhzum who made this narration to ibn mas’ud this is the same source used in regards tho how abu jahl had his ears cut off and dragged with a string to the prophet that the masked arab used at the end of his video
I have stated again that unknown narrators are not accepted in Islamic tradition



النسائي في السنن الكبرى، ثم قال: خالفه سفيان الثوري، فرواه عن أبي إسحاق، عن أبي عبيدة، عن عبد الله، وأبو عبيدة لم يسمع من أبيه، ورواية سفيان هي الصواب. اهـ.
ورواية سفيان أخرجها الطبراني في المعجم الكبير من طريق ابن مهدي، عنه، عن أبي إسحاق، عن أبي عبيدة، عن عبد الله، قال: أتيت النبي صلى الله عليه وسلم برأس أبي جهل، فقلت: هذا رأس أبي جهل! قال: الله الذي لا إله غيره؟ وهكذا كانت يمينه، فقلت: والله الذي لا إله غيره، إن هذا رأس أبي جهل، فقال: هذا فرعون هذه الأمة.

فصرح هنا بأخذ ابن مسعود رأس أبي جهل إلى النبي صلى الله عليه وسلم، ولكن إسناده ضعيف لانقطاعه بين أبي عبيدة بن عبد الله بن مسعود وأبيه.[3]

Translation:
“Al-Nisasi stated in Sunan Alkubra: then he said : Al-Thawri disagreed with him, abi Ishaq narrated from abi ‘ubaida and abi ‘ubaida didn’t hear from his father , and the narration of sufian is the one
And suffian’s narration was brought by tabari in ma’jam al-kabir from ibn Mahdi from abi isaq from abi ‘ubaida from Abdullah said: I came to the proohet with the head of abu jahl, he said : is this the head of abu jahl ? he said : by god who there is no god but him? And this was his swearing so I said : allah who has no god but he, this is the head of abu jahl, then he said this  was the far’un of this ummah
It was stated here that ibn mas’ud took abu jahl head to the prophet, but the sanad is weak because of disconnection between abu ‘ubaida and Abdullah ibn mas’ud and his father”


Take this for example . abu dawood al sijistani said in his book al marasil:
“in these ahadiths (reffering to beheadings of ka’ab bin ashraf or aswad al-‘ansi and rafi’a bin qais, and ibn mas’ud cutting the head of abu jahl) about the prophet Muhammad has nothing authentic or correct about them”[4]

Now, in a counter reply to the so called fatwa the masked arab cited
Here is a counter fatwa stating the opposite, at first it tries to explain what mutilation is, then it proceed to extrapolate what is the opinion of scholars[5]

" لا خلاف في تحريمِ المُثْلةِ "[6]


“ there is no disagreement regarding the forbade of mutilating the dead”

Now let me digest the masked arab logic here, he state based on a fatwa that you can still mutilate the dead bodies of your enemies so long as they did the same to you, but he ignores the out right reject of mutilation of dead bodies simply because of a quanic verse that state, however I noticed something strange, in the Arabic version of his video regarding verse 16:126, he didn’t cite tafsir al jalalain Arabic verse, but cited tafsir al tabari, you would expect he give his audience the same source, however to be fair, the narration of Hamza assassination does exist there
However, his citation was not void of any issues, he misquoted the tafsir to fit his propaganda
Now he cites this narration regarding Hamza assassination

حدثنا ابن حميد، قال: ثنا سلمة، عن محمد بن إسحاق، عن بعض أصحابه، عن عطاء بن يسار، قال نزلت سورة النحل كلها بمكة، وهي مكية، إلا ثلاث آيات في آخرها نزلت في المدينة بعد أُحد، حيث قُتل حمزة ومُثِّل به، فقال رسول الله صلى الله عليه وسلم: " لَئِنْ ظَهَرْنا عَلَيْهم لَنُمَثِّلَنَّ بِثَلاثِينَ رَجُلاً مِنْهُمْ " فلما سمع المسلمون بذلك، قالوا: والله لئن ظهرنا عليهم ظهرنا عليهم لنمثلنّ بهم مُثلة لم يمثِّلها أحد من العرب أحد قطُّ، فأنزل الله { وإنْ عاقَبْتُمْ فَعاقِبُوا بِمِثْلِ ما عُوقِبْتُمْ بِهِ، وَلَئَنْ صَبَرْتُمْ لَهُوَ خَيْرٌ للصَّابِرِينَ.... } إلى آخر السورة.

The problem here is Yet again, the Sanad for the story, the masked arab (as usual) cite sources without checking the sanad, the first one here is Ibn Humaid, I took the effort of highlighting the weak narrators
Ibn Humaid أبن حميد
Is regarded as weak and matruk[7]

So right of the bat, the very first narrator of this hadith is regarded as weak and matruk, why didn’t the masked arab check for the sanad? NVM let’s forget how weak this story is, the problem doesn’t end here, the masked arab misquoted as I said, tafsir al tabari
What did he misquote? At the start tabari state that this verse 16:126 had many scholars disagree regarding wither it’s abrogated or not
وقد اختلف أهل التأويل في السبب الذي من أجله نزلت هذه الآية. وقيل: هي منسوخة أو محكمة
Translation:
And the people of interpretation disagreed regarding the reasons why this verse was revealed, some said it’s abrogated, and some said it’s not

Now, one might ask, how was abu jahl killed? Well we Do have an authentic narraton as to how abu jahl was excuted, and it’s in sahih Bukhari, so I’ll leave any of the masked arab fans who might happen to stumble accurse this article to please answer this question

Why did the masked arab choses a non-authentic narration as to how abu jahl was executed and ignored sahih bukhari authentic narration?

Anyways, here is the authentic source

Narrated `Abdur-Rahman bin `Auf:
While I was standing in the row on the day (of the battle) of Badr, I looked to my right and my left and saw two young Ansari boys, and I wished I had been stronger than they. One of them called my attention saying, "O Uncle! Do you know Abu Jahl?" I said, "Yes, What do you want from him, O my nephew?" He said, "I have been informed that he abuses Allah's Messenger (). By Him in Whose Hands my life is, if I should see him, then my body will not leave his body till either of us meet his fate." I was astonished at that talk. Then the other boy called my attention saying the same as the other had said. After a while I saw Abu Jahl walking amongst the people. I said (to the boys), "Look! This is the man you asked me about." So, both of them attacked him with their swords and struck him to death and returned to Allah'S Apostle to inform him of that. Allah's Messenger () asked, "Which of you has killed him?" Each of them said, "I Have killed him." Allah's Messenger () asked, "Have you cleaned your swords?" They said, "No. " He then looked at their swords and said, "No doubt, you both have killed him and the spoils of the deceased will be given to Mu`adh bin `Amr bin Al-Jamuh." The two boys were Mu`adh bin 'Afra and Mu`adh bin `Amr bin Al-Jamuh.[8]

In conclusion, Abu Jahl narration that state he had his head cut off and dragged with a string to the prophet, in light of Islamic tradition can’t stand to it’s merits and the masked arab yet again lied to his audience, including citing a weak hadith regarding Hamza assassination, using a late fatwa that can be easily disputed using counter fatwas as I cited a counter source, and more over failed to comprehend how weak Muhammad biography really is I will address future videos, duo to how small this article is




[1] http://fatwa.islamweb.net/fatwa/index.php?page=showfatwa&Option=FatwaId&Id=266317
[2] Ibn Kathir Al-Bidaia Wa Alnihaia Vol 3 https://ar.wikisource.org/wiki/%D8%A7%D9%84%D8%A8%D8%AF%D8%A7%D9%8A%D8%A9_%D9%88%D8%A7%D9%84%D9%86%D9%87%D8%A7%D9%8A%D8%A9/%D8%A7%D9%84%D8%AC%D8%B2%D8%A1_%D8%A7%D9%84%D8%AB%D8%A7%D9%84%D8%AB/%D9%85%D9%82%D8%AA%D9%84_%D8%A3%D8%A8%D9%8A_%D8%AC%D9%87%D9%84_%D9%84%D8%B9%D9%86%D9%87_%D8%A7%D9%84%D9%84%D9%87
[3] http://fatwa.islamweb.net/fatwa/index.php?page=showfatwa&Option=FatwaId&Id=266317
[4] Abu Dawood Al-sijistani Marasil page.328
[5] https://www.saaid.net/Doat/Zugail/310.htm
[6] Tafsir Al-Zamakshari (2/503)
[7] http://library.islamweb.net/hadith/RawyDetails.php?RawyID=6930

[8] Sahih al-Bukhari 3141

Thursday, September 1, 2016

The Trans-Saharan Slave trade, a Brief look

(English isn't my first language so i might make grammatical mistakes)
The Trans-Saharan trade happened from the 8th till the 16th centuries CE. In the 15th and 16th century it was composed of six major trade paths, four reached into West Africa. The West African centres (Ancient Ghana, Timbuktu, the Hausa Niger valley and Lake Chad) were based in the northern parts of the West African savannah (the Sahel region) they stretched in north-south lines across the Sahara to the southernmost parts of the Mediterranean economy (Sijilmasa and Ifriqiya, Tuwat, Ghat and Ghadames, and Murzuk)[1] Gold and salt were the main exchange of commodity[2] cowrie shells [3] but since god was scarce in north Africa females were enslaved[4]Trans-Saharan slave trade was conducted within the ambits of the trans-Saharan trade, otherwise referred to as the Arab trade. Trans-Saharan trade, conducted across the Sahara Desert, was a web of commercial interactions between the Arab world (North Africa and the Persian Gulf) and sub-Saharan Africa. The main objects of this trade were gold and salt; gold was in abundance in the western part of Africa, but scarce in North Africa. On the other hand, while salt remains indispensable to human societies, it was not producible in sub-Saharan Africa, but was abundant in North Africa. This created a rationale for trading between these two regions, separated by a vast and hostile terrain. Subsequently, there developed an intricate web of trade routes, powered by caravans of camels, between different sub-Saharan societies and the Arab world, For ages, the Sahara has been portrayed as an ‘empty-quarter’ where only nomads on their spiteful camels dare to tread. Colonial ethnographic templates reinforced perceptions about the Sahara as a ‘natural’ boundary between the North and the rest of Africa, separatinz White’ and ‘Black’ Africa and, by extension, ‘Arabs’ and ‘Berbers’ from ‘Africans’. Consequently, very few scholars have ventured into the Sahara despite the overwhelming historical evidence pointing to the interactions, interdependencies and shared histories of neighboring African countries. By transcending the artificial ‘Saharan frontier’, it is easy to see that the Sahara has always been a hybrid space of cross-cultural interactions marked by continuous flows of peoples, ideas and goods.[5]
Muslim traders mainly wanted female slaves administrative positions, military and some labour in the salt mines, Atlantic traders used slaves for labour and would take any physically capable slaves of regardless of gender (though the African preference for female slaves resulted in a 2:1 ratio of male slaves leaving for the Americas)[6]




Within the past couple of mounts including the latest video by the masked arab, I've see people using the claim that islam was both the direct and the indirect meaning that Islam more specifically the Quran and Hadith exegeses caused the muslim traders to allow slave trade, this is not a direct response to the masked arab video regarding slavery , but rather will serve as a refutation that any muslim can use to respond to such possible scenario, I did come accrose several sources that claim islam was directly or indirectly responsible for the slave trade[7], I shall look into the claim that the slave trade was conducted duo to religious rather than political and economic causes.
However, Historians have not fully addressed the specifics of the Trans-Saharan slave trade[8]
There has been also many disagreement regarding the number of slaves transported during the events[9]
the institution of slavery as it existed in Africa, and the effects of world slave-trade systems on African people and societies. As in most of the world, slavery, or involuntary human servitude, was practiced across Africa from prehistoric times to the modern era. When people today think of slavery, many envision the form in which it existed in the United States before the American Civil War (1861-1865): one racially identifiable group owning and exploiting another. However, in other parts of the world, slavery has taken many different forms. In Africa, many societies recognized slaves merely as property, but others saw them as dependents who eventually might be integrated into the families of slave owners. Still other societies allowed slaves to attain positions of military or administrative power. Most often, both slave owners and slaves were black Africans, although they were frequently of different ethnic groups. Traditionally, African slaves were bought to perform menial or domestic labor, to serve as wives or concubines, or to enhance the status of the slave owner.

Traditional African practices of slavery were altered to some extent beginning in the 7th century by two non-African groups of slave traders: Arab Muslims and Europeans. From the 7th to the 20th century, Arab Muslims raided and traded for black African slaves in West, Central, and East Africa, sending thousands of slaves each year to North Africa and parts of Asia. From the 15th to the 19th century, Europeans bought millions of slaves in West, Central, and East Africa and sent them to Europe; the Caribbean; and North, Central, and South America. These two overlapping waves of transcontinental slave trading made the slave trade central to the economies of many African states and threatened many more Africans with enslavement.[10]

Non-Muslim rule and official Authorities:
For many including ethical reasons, France, Great Britain, the Netherlands, Scandinavia, Sweden, Denmark, Germany, and the many other governments have Legitimated the slave trade this will be explained later on The have adopted military bondage in regards to the natives of other countries including Spain defeating moors in 1492[11] The Curts made the discussion that slaves are incapable of ruling themselves, and needed others more specifically Europeans to help them govern themselves, some of them where at dismay to hear and know that Africans actually ruled themselves and had their own systems and governments[12] They had the stereotype that the Africans were uncivilized and barbaric in nature, and therefore had to be ruled specifically by Europeans as part of their religious justifications[13] However, bases of such justification turned out to be unclear as the history of Africa testifies the complexity of the African independent government and civilization through its empires[14] Europeans to some degree also believed that native Americans , Indians and west Indians are unable to withstand the grueling work of the new world[15] Ever since the nineteen and fifteen century many European nations were involved in[16]
The Trans-Saharan slave trade later paved the way and the roots for the Trans-Atlantic slave trade[17] slaves were also used for domestic and labor fields as a necessary component of the world's cultivation[18]

Of course the practice of kidnapping slaves in the trans-saharan region diminished through time but was revived later by the British, a captain named Jodo Fernandes, under the explicit orders of Prince Henry, initiated the practice of the Portuguese buying rather than kidnapping slaves
Ever since slaves were no longer being captured without any price, the European explorers started to negotiate the price of African slaves from the African rulers[19]
In early Trans-Atlantic slave trade to America only few African slaves boarded the ships, instead the European explorer Christopher Columbus, the natives that Columbus encountered in his exploration as he found out that they were not strong enough to withstand the voyage from the newly discovered west and east and could not endure the harsh labor required to them[20]
Before boarding, the Europeans will literally examine the flesh of their cargo with hot iron tools[21] they could also receive more than one branding depending on how many times they were sold[22] the slaves underwent a procedure that became standard in which their captors grossly injured, maimed, tortured, and otherwise killed the African slaves to force them to submit. Slave traders used this part of the journey to ensure the submission of the slaves before they reached the auction blocks of North America[23]. There is one method categorized by Alex Haley epic, and that is slave amputation, in which if a slaver trader caught a slave running away for his freedom, he will amputate parts of the slave limps[24] Slaves also had endure excessive poor conditions[25]
The international community approved slave trade and made it an official governmental operation[26]


The Islamic rule in the Trans-Saharan/Atlantic slave trade:
, Abd al-Raḥman III of Cordova, , considered himself blond for an Arab caliph, and changed his hair color, for that instant racism didn't just effect skin color see Bernard Lewis, Race and color in Islam (New York: Harper and Row, 1971).5

Aḥmad Baba al-Tinbuktī was one of the greatest islamologists and scholars of premodern western Africa have argued that blacks are not slaves in nature for more details on his arguments read his works Miʿrāj al-ṣuʿud Muslims in 19th century in Mali and Mauritania participated in the slave exchange Abū Mu­ammad ‘Abdullah ibn Abī Zayd al-Qayrawānī and Khalīl ibn Is­āq al-Jundī all have documented legal tradition in regards to slave trade[27]
The 19th century was also marked by the emergence of Muslim state-builders such as A­mad Lobbo, al-pājj ‘Umar Tāl and Samori Turé.[28] Traders, imported goods like firearms needed to resist European encroachment and establish their respective territory, these revolutionary leaders engaged in raids that generated large numbers of enslaved Africans as currency.[29] The sufi leader Ahmadu have caused rise in African enslavement in order to trade for goods and and demanded assistance to rescue his family members[30]
In Al-Maghrib, male slaves were serveing as guards and soldiers to the sultan, as well as the wealthy chiefs, and female slaves performed as domestics and concubines[31]
Despite the nature of slavery justification being based on jihad on non-muslim lands, several scholars have pointed out that manumission was recommended[32] many scholars have been debating regarding the rules of slavery in islamic law, for example 15th century Egyptian jurist from Hanafi school of thought wrote to the traders who to carefully purchase slaves and inspect them[33]
But as stated before, the best fatwa and legal opinion regarding enslavement of Africans in west Africa was written by the great scholar Ahmed Baba[34] who opposed it, it was a reply to a Maghribi of Tuwāt, who was arguing the non-Muslims subject to lawful enslavement titled “The Ladder of Ascent Towards Grasping the Law Concerning Transported Blacks.” Of which in his reply he consider it's not possible beyond the muslim world to enslave[35]
His legal opinions held a lot of respect of muslim scholars from Morocco to Hausaland[36]
Also scholars like Ahmad ibn Khālid Al-NāÑirī have questioned the legal legitimacy in enslaving Africans[37]
The main two sources used by the traders according to the maliki school of thought that follows malik bin anas were “The Treatise” (al-Risāla), was written by Abū Mu­ammad ‘Abdallah ibn Abī Zayd al-Qayrawānī who lived in 10th  century Tunisia[38] The second was “The Compendium of Jurisprudence of Imām Mālik’s Legal Doctrine” (MukhtaÑar fī al-fiqh ‘alā maŸhab al-Imām Mālik) by Khalīl ibn Is­āq al-Jundī, a 14th  century Egyptian scholar[39] The MukhtaÑar was the most popular legal source the Muwta’ (or “The Well-Trodden Path”), a collection of Prophetic sayings compiled in 8th century Medina, was the first source of reference[40]

Conclusion:
based on the above references and sources we see that the juris opinions regarding slaves were directly influenced by political motivations, islam might have provided the frame work in which slavery was conducted, but islam as a core religion was not the Core direct and indirect reason behind it

Recommended Readings:
1-Patricia M. Muhammad Esq  "The Trans-Atlantic Slave Trade: A Forgoten Crime Against Humanity as Defned by International Law" 2003 American University International Law Review
2- Ghislaine Lydon "SLAVERY, EXCHANGE AND ISLAMIC LAW: A GLIMPSE FROM THE ARCHIVES OF MALI AND MAURITANIA" 2005 University of California, Los Angeles
3- Marta GARCÍA NOVO "Islamic law and slavery in premodern West Africa" November 2011 Universidad Complutense de Madrid
4- ChoukI EL Hamel "Black Morocco a History of Slavery, Race, and Islam" 2013 Cambridge University press
5- Mitchel Joffe Hunter "The Trans-Saharan trade played a key role in preparing West Africa to participate in the Trans-Atlantic slave trade?"

This article format has been changed to make it easier to read


[1] Lovejoy, P. E., 2012. Transformations in Slavery. 3rd ed. Cape Town: Cambridge University Press, p. 25.
[2] Fage, J. D., 1969. Slavery and the Slave Trade in the Context of West African History. Journal of African History, X(3), pp. 398.
[3] Manning, P., 2006. Slavery & Slave Trade in West Africa 1450-1930. In: E. K. Akyeampong, ed. Themes in West African History. Accra New Town: Woeli Publishin Services, pp. 100.
[4] (Lovejoy, 2012, p. 21)
[5] Writing Trans-Saharan History: Methods, Sources and Interpretations Across the African Divide GHISLAINE LYDON page.1
[6] (Lovejoy, 2012, p. 21)
[7] "Shirley Madany " http://answering-islam.org/ReachOut/slavetrade.html
[8] See Eltis & Richardson, supra note 3, at 1 (suggesting that "despite a major research effort in the last few decades, less is known about the movement of African peoples to the New World than the much smaller movement of their European counterparts before the mid-nineteenth century.").
[9] See Colin A. Palmer, The Middle Passage, in CAPTIVE PASSAGE: THE TRANSATLANTIC SLAVE TRADE AND THE MAKING OF THE AMERICAS 53, 54 (Beverly C. McMillan ed., 2002) (declaring that although the exact number of slaves who endured the Middle Passage will never be known, historians estimate that between eleven and thirteen million people survived). This estimated number does not include those people who died while transported overseas or soon after they arrived in the Americas. Id.
[10]DonaldR.Wright,B.A.,M.A.,Ph.D. http://autocww.colorado.edu/~toldy2/E64ContentFiles/AfricanHistory/SlaveryInAfrica.html
[11] DAVID COLEMAN, CREATING CHRISTIAN GRANADA: SOCIETY AND RELIGIOUS CULTURE IN AN OLD-WORLD FRONTIER CITY, 1492-1600, at 2-3 (2003)(suggesting that Spain's stature as an international power and territorial empire culminated in 1492). The conquest of Granada served as the last step in a ten-year military campaign by Christians to re-conquer Muslim Spain. Id. at 3.
[12] E. W. BOVILL, THE GOLDEN TRADE OF THE MOORS 95 (1958 (recounting the disgust of Ibn Battuta, a fourteenth century Muslim traveler to Mali, when he realized that the blacks, whom he had previously known only as slaves, were masters in their own country)
[13] HUGH THOMAS, THE SLAVE TRADE: THE STORY OF THE ATLANTIC SLAVE TRADE: 1440 - 1870, at 147 (1997) (quoting Fray Francisco de la Cruz, a Dominican friar, as telling "the Inquisition in Lima, that an angel had told him that 'the blacks are justly captives by reason of the sins of their forefathers, and that because of that sin God gave them that color').
[14] Illustrating the sophistication of the African people through their use of currency; breeding of animals; smelting of iron, steel, and copper; and establishment of cities as large as thirty thousand. In fact, Africans were more advanced than the natives that the Spaniards and Portuguese met in the New World, for more read Encyclopedia of African Religion edited by Molefi Kete Asante, Ama Mazama https://en.wikipedia.org/wiki/List_of_currencies_in_Africa#African_History
[15] Edward Reynolds, Human Commerce, in CAPTIVE PASSAGE: THE TRANSATLANTIC TRADE AND THE MAKING OF THE AMERICAS, supra note 12, at 13, 14(stating that "the punishing work in mines, a form of toil previously unknown to Amerindians, took an often deadly physical toll."). Spanish settlers began advocating the use of African slaves instead of Amerindians, "reporting that in mining operations the work of one African was equal to that of four to eight Indians."
[16] JOHANNES POTSMA, THE ATLANTIC SLAVE TRADE 3 (2003) (explaining the fluctuation of slaves from slave hood into society based on territorial expansion, but noting that slave markets thrived in many European societies); see also THOMAS, supra note 18, at 112-13 (stating that the institution of slavery was not limited to Portugal and Spain, rather slavery also flourished in Italy and Provence).
[17]THOMAS, supra note 18, at 145 (describing the battle of Tondibi and subsequent disputes, which created a daily increase in available slaves in Africa's interior). See generally HERBERT S. KLEIN, THE ATLANTIC SLAVE TRADE 103-05(1999) (arguing that an internal and international slave trade existed in Africa before the arrival of the Europeans, and that often European trading simply deepened pre-existing markets and networks).
[18] W. E. BURGHARDT DuBois, THE SUPPRESSION OF THE AFRICAN SLAVE-TRADE To THE UNITED STATES OF AMERICA: 1638 - 1870, at 8 (Dover Publications Inc. 1970) (1896) (recounting the argument of the English agent for Georgia settlers in support of slavery, who insisted that "[in Spight of all Endeavors to disguise this Point, it is as clear as Light itself, that Negroes are as essentially necessary to the Cultivation of Georgia, as Axes, Hoes, or any other Utensil of Agriculture."); see also 1 WILLIAM BACON STEVENS, A HISTORY OF GEORGIA, FROM ITS FIRST DISCOVERY BY EUROPEANS TO THE ADOPTION OF THE PRESENT CONSTITUTION IN MDCCXCVIII 310 (1847) (recounting the vigorous assertion of one South Carolina plantation owner on the success of his plantation through his use of slaves: "Georgia never can or will be a flourishing province without negroes are allowed.")
[19] in 1458, Prince Henry sent Diogo Gomes to negotiate treaties with the Africans. Gomes assured rulers that the Portuguese would not steal slaves or anything else, but would barter for these commodities.
[20] See Thomas. at 137 (explaining that although the Indians served the Portuguese well as soldiers, the Africans were far more effective in the cane fields); see also supra notes 20-21 and accompanying text (revealing the European perception that African slaves were more resistant to disease and more capable to perform hard labor than the natives transported east from the New World).
[21] See 1 THE HISTORICAL ENCYCLOPEDIA OF WORLD SLAVERY 98 (Junius P. Rodriguez ed., 1997) (reporting that slave traders often branded slaves to indicate ownership and/or to punish them for misbehavior); see also THOMAS, supra note 18, at 396 (describing how in Arguin in the 1440s, the Portuguese began the practice of the carimbo, or branding of a slave with a hot iron, which left a red mark on the slave's body to make it evident that he or she was the King of Portugal's property).
[22] See 1 THE HISTORICAL ENCYCLOPEDIA OF WORLD SLAVERY, supra note 57, at 98-99. "Slave traders and trading companies often branded slaves to indicate ownership, but as the slave changed hands among agents and shippers, others might add additional brands for various reasons." Id.
[23] Tameka Norris, The History of Slave Trade from Africa to Europe America (asserting that even "[t]he Africans that remained healthy [after the voyage] were put on display at public auctions and examined in a ridiculous and humiliating manner."), at http://wv.essortment.com/historyofslavejrmpw.htm (last visited Mar. 2, 2004)
[24] See ALEX HALEY, ROOTS 150 (Doubleday & Co., Inc. 1976) (exposing the fury with which slave overseers lashed their whips at slaves after one slave beat several overseers to death). The overseers also forced the slaves to watch as they whipped the headless body of the rebellious slave
[25] See Letter from James L. Bradley (1835), in SLAVE TESTIMONY: TWO CENTURIES OF LETTERS, SPEECHES, INTERVIEWS, AND AUTOBIOGRAPHIES, supra note 87, at 686, 687 (portraying the extensive hours that masters required their slaves to work in the field). "1 was always obliged to be in the field by sunrise, and I labored till dark, stopping only at noon long enough to eat dinner."
[26] See, e.g., Treaty of Utrecht, supra note 136, at 328-29 (bestowing onto Britain the assiento to import slaves)
[27] These are available as Ibn Abī Zayd, La Risâla ou Epître sur les éléments du dogme et de la loi de l’Islâm selon le rite mâlikite (texte et traduction), Léon Bercher, ed. (Alger, 1968), hereafter Ibn Abī Zayd; and Al-MukhtaÑar‘ala maŸhab al-Imām Mālik Anas li-Khalīl ibn Is­āq ibn Ya‘f­b al-mālikī (Paris, 1855), hereafter Khalīl. The latter publication is preceded by a note about Khalīl ibn Is­āq by the well-known scholar A­mad Bābā of Timbuktu. Also see the translation by G. H. Bousquet, Abrégé de la loi musulmane selon le rite de l’Imâm Mâlek (Algiers, 1958).
[28] D. Robinson, The Holy War of Umar Tal. The Western Sudan in the Mid-Nineteenth Century (Oxford, 1985); Y. Person, Samori. Une Révolution Dyula, Tomes I, II, III, IV(Dakar, 1968-1975).
[29] In 1276/1859-60, a caravan from Tīshīt sold 2000 salt bars, half of them in slaves, to al-pājj ‘Umar. That year, according to the Chronicle of Wal­ta, the price of salt dropped to ten millet mudds of Tagānt (approx. 35 kgs). It is likely that such salt would have been used in turn as currency to purchase all kinds of military supplies, including firearms and horses. P. Marty, “Les Chroniques de Oualata et de Néma,” Revue des Etudes Islamiques, Cahier III (1927), 367. An early twentieth century correspondence between the French colonial administration and the trading community of St. Louis, expressing concern for their commercial activities, makes clear that the exchange of slaves for firearms was ongoing. “Rapport du délégué du Gouverneur Général en Pays Maures (Xavier Coppolani) à Monsieur le Gouverneur Général de l’A.O.F. sur la mission d’organisation du Tagant, Saint-Louis 1er juillet 1904,” Mauritanie, Vol IV (1902-1904), Centre D’Archives d’Outre-mer (CAOM). See also Klein, Slavery, chapter 2; Robinson, Holy War. L. C. Faidherbe, the French governor of Senegal, went so far as to categorize Samori as a “marchand d’esclaves pour maures du Sahara.” Le Sénégal (Paris, 1889), 318.
[30] Family archives of Shaykh b. Ibrāhīm al-Khalīl (Tīshīt), IK1 (N.B. the codification of sources used throughout are from Lydon’s archival photographic collection). The letter, written sometime in the late 1860s or early 1870s, clearly indicated that Shaykh b. Ibrāhīm al-Khalīl had been a good friend of al-pajj ‘Umar. This letter is discussed in detail in Lydon, “Muslim Contests over Property Rights in Slaves in Nineteenth Century Mauritania,” International Journal of African Historical Studies, forthcoming.
[31] Ennaji, Soldats
[32] Moulavi Cherágh Ali claims that “it is a false accusation against the Koran that it allows enslavement of captives of war. A Critical Exposition of the Popular “Jihád” (Pakistan, 1977), 193 and especially Appendix B, 193-223. While not going quite so far, Ulrike Mitter explains how manumission was institutionalized in early Islam. See his “Unconditional manumission of slaves in early Islamic law: a­ādīth analysis,” in W.B. Hallaq, ed. The Formation of Islamic Law, (Burlington, VT, 2004). William Gervase Clarence-Smith Islam and the Abolition of Slavery, forthcoming, addresses this very question.
[33] Mahma­d ibn A­mad al-‘Ayntābī al-AmshāÓī (d. 1492), which can be translated as “The Correct Statement on the Selection of Slave-Girls and Male Slaves.” Risāla Nādira fī Sharī wa Taqlīb al-‘Abīd: Al-Qawl al-Sadīd fī Ikhtiyār al-Imā’ wa’l ‘Abīd , text edited and introduced by Mu­ammad ‘Ysa 6āl­iya (Beirut, 1997).
[34] Ahmad Bāba ibn A­mad ibn ‘Umar ibn Mu­ammad Aqit alTumb­kti on slavery in western and northern Africa is transcribed and translated in Mi’raj al-Su’ud ila nayl hukm mujallab al-Sud (Ahmed Baba’s Replies on Slavery), J. Hunwick and F. Harrak, trans. and eds. (Rabat, 2000), hereafter Mi’raj. See also Hunwick’s note “A­mad Bābā on Slavery.” Sudanic Africa, 11 (2000), 131-139. For a biography, see the Encyclopedia of Islam (Leiden, 1999), I: 279b.
[35] Mi’raj, 52 (English translation), 85 (Arabic text).
[36] Mi’raj, 7 (English translation), 55 (Arabic text); and Hunwick, “A­mād Bābā on Slavery,” 135.
[37] Hunwick, “Islamic Law.
[38] Ibn Abī Zayd, La Risāla ou Epître sur les éléments du dogme et de la loi de l’Islām selon le rite mālikite (texte et traduction), Léon Bercher, ed. (Alger, 1968), hereafter Ibn Abī Zayd. Note that sometimes West African jurists refer to this work as “the author of the Risāla” or simply “Ab­ Mu­ammad.”
[39] Al-MukhtaÑar‘ala maŸhab al-Imām Mālik ibn Anas li-Khalīl ibn Is­āq ibn Ya‘f­b al-mālikī (Paris, 1855). This is one of the best transcriptions and it is preceded by a note about the author by the hand of the celebrated Ahmad Bābā of Timbuktu, hereafter Khalīl. Also see the translation by G. H. Bousquet, Abrégé de la loi musulmane selon le rite de l’Imâm Mâlek (Algiers, 1956). Note that in West African texts, Khālil is sometimes referred to as “Sīdī Khālil.”
[40] The MuwāÓÓa was complied in the course of forty years. See W. B. Hallaq, “On Dating the Muwatta,” UCLA Journal of Islamic and Near Eastern Law1, 1 (2001), 23-45. For a general history of Islamic legal thought see Hallaq’s A History of Islamic Legal Theories (Cambridge, 1997). Another useful guide is Mohamed Hashim Kamali’s Principles of Islamic Jurisprudence (Cambridge, 2003).