Chapter 5 continues the storyline of the distinct, yet interconnected, roles of Mosaic and Islamic legal traditions in shaping the discourse on slavery within colonial and early independent America. Jewish settlers, predominantly adhering to the Halakhic principle that “the law of the land is the law” participated in the Atlantic and American slave economy, owning and trading enslaved people, supported by their own historical sources, particularly Maimonides, who permitted but regulated bondage with a strong emphasis on humane treatment. Meanwhile, Islamic slave law entered the American consciousness primarily through the interpretive lens of both Christian intellectuals and those engaging ‘Barbary’ North African Muslim enslavement of white European and American Christians. George Sale's foundational 1734 translation of the Koran into English presented Islamic slavery as a legally governed system, contrasting its manumission provisions and restrictions with European practices. Later American travelogues and captivity narratives from the North African Barbary States, written by figures like Mathew Carey and James Wilson Stevens, used Muslim enslavement of white Christians as both a means of critiquing Islamic enslavement practices and teachings as well as a rhetorical device to expose the hypocrisy of American slaveholders and their racialized system of perpetual bondage. Even the Black American captive Robert Adams noted the unsettling parallel between Arab Muslim justifications for enslaving “ignorant unconverted beings” and Southern Christian arguments demonstrating how both sacred legal traditions served as moral and political tools in the contest over slavery and race.

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Mosaic-Jewish and Islamic Slave Law and Practice in Colonial and Early Independent America, 1654–1830

  • R. Charles Weller

摘要

Chapter 5 continues the storyline of the distinct, yet interconnected, roles of Mosaic and Islamic legal traditions in shaping the discourse on slavery within colonial and early independent America. Jewish settlers, predominantly adhering to the Halakhic principle that “the law of the land is the law” participated in the Atlantic and American slave economy, owning and trading enslaved people, supported by their own historical sources, particularly Maimonides, who permitted but regulated bondage with a strong emphasis on humane treatment. Meanwhile, Islamic slave law entered the American consciousness primarily through the interpretive lens of both Christian intellectuals and those engaging ‘Barbary’ North African Muslim enslavement of white European and American Christians. George Sale's foundational 1734 translation of the Koran into English presented Islamic slavery as a legally governed system, contrasting its manumission provisions and restrictions with European practices. Later American travelogues and captivity narratives from the North African Barbary States, written by figures like Mathew Carey and James Wilson Stevens, used Muslim enslavement of white Christians as both a means of critiquing Islamic enslavement practices and teachings as well as a rhetorical device to expose the hypocrisy of American slaveholders and their racialized system of perpetual bondage. Even the Black American captive Robert Adams noted the unsettling parallel between Arab Muslim justifications for enslaving “ignorant unconverted beings” and Southern Christian arguments demonstrating how both sacred legal traditions served as moral and political tools in the contest over slavery and race.