Kitabat (Mukataba) Contract in Islamic Law and Its Practice in the Ottoman Empire

Abstract

Contract of kitabat (mukataba) is one of the methods of freeing slaves accepted by Islamic law. With this contract, the slave is obliged to pay a price, which can be a property or an interest, to his master, and if he pays the price, he gains his freedom. He remains a slave until the price is paid. However, in some matters, it is subject to the rules applying to freedom. As a matter of fact, he owns property on his earnings and becomes competent to make some savings. If he cannot pay the price, he returns to the rules applied to slaves. Meanwhile, his status is called mukatab slave. The roads leading to the freedom of the mukatab have been tried to be opened as much as possible. As a matter of fact, aid to the mukatab by means of zakat and charity has been encouraged, and a tolerant attitude has been adopted in matters that may harm the health of the kitabat. Ultimately, the kitabat contract found a wide application area for itself both in the early periods of Islam and in later periods. One of these fields was the Ottoman Empire. In this article, the theoretical background of kitabat is presented, mainly in the ?anafism, and then the Ottoman practice, which is its appearance, is included. Special issues have been explained. Examples from the periods before the formation of madhhabs are also included. Theory and practice are handled together to ensure subject integrity.