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mukataba
In Islamic law, a ''mukataba'' ((مكاتبة )) is a contract of manumission between a master and a slave according to which the slave is required to pay a certain sum of money during a specific time period in exchange for freedom. In the legal literature, slaves who enter this contract are known as ''mukatab''.〔 Brunschvig, Encyclopedia of Islam, ''Abd'' 〕 Although the owner did not have to comply with the request, it was considered ''mustahabb'' (praiseworthy) to do so. 〔Gordon 41〕 〔 Mukataba is one of the four procedures provided in Islam for manumission of slaves.〔 Ahmad A. Sikainga(1995), p.7 〕
== Mukataba in the Qur'an and early Islam ==
The institution of ''mukataba'' is based on Qur'an :
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.〔Schacht 42–43〕
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