{"id":181,"date":"2023-04-10T19:05:32","date_gmt":"2023-04-10T19:05:32","guid":{"rendered":"https:\/\/trasisblog.unibe.ch\/?p=181"},"modified":"2024-11-25T16:57:46","modified_gmt":"2024-11-25T16:57:46","slug":"the-case-of-najma-sa%ca%bfid-isma%ca%bfil-a-proof-of-ownership-document-issued-by-the-islamic-state-2016","status":"publish","type":"post","link":"https:\/\/trasisblog.unibe.ch\/?p=181","title":{"rendered":"The Case of Najma Sa\u02bf\u012bd Ism\u0101\u02bf\u012bl: A\u00a0\u2018Proof of\u00a0Ownership\u2019\u00a0Document Issued by the Islamic State (2016)"},"content":{"rendered":"\n
\n
\n
Laura Emunds is a PhD candidate at the University of Bern, where she conducts her research in the TraSIS team.
We recommend that readers explore our other blog contributions which are linked\u00a0here<\/a>.<\/em>

Content note: the source discussed in this month\u2019s blogpost originates from the context of the most recent genocide of the Yezidi people and speaks about the sale of a woman enslaved by the so-called Islamic State. This post therefore contains material of a sensitive nature, and reader discretion is advised.<\/sub><\/code><\/summary>\n

<\/p>\n<\/details>\n<\/div>\n<\/div>\n\n\n\n

Introduction<\/strong><\/h2>\n\n\n\n

Among scholars working in the field of Slavery Studies and related areas, one of the most pressing questions in recent years concerns the difficulty of labelling the diverse phenomena we see: when is it appropriate to speak of slavery? When do we refer to bondage? What role does labour coercion play? To mention only two important approaches discussed in the last couple of years: is it more useful to focus in our analyses on social relations shaped by \u2018strong asymmetrical dependencies\u2019, as has been suggested by a number of scholars working at the Bonn Center for Dependency and Slavery Studies (BCDSS)?[1]<\/sup><\/a> Or do we identify slavery as \u2018a very old snake\u2019 that shed its skin countless times, as Michael Zeuske (also a member of the BCDSS) has put it?[2]<\/sup><\/a> Whatever decision we as individual scholars take in this regard, and this is certainly always highly dependent on our particular questions and contexts, the importance of the question of legal ownership of the bodies of unfree human beings throughout history can hardly be denied. The most recent despicable example of this importance is the abduction and enslavement of more than 6,000 Yezidis, men, women, and children of all ages, inseparably linked to the genocide of their people that began after the fall of Mosul to the fighters of the self-proclaimed caliphate of the Islamic State in summer 2014.[3]<\/sup><\/a><\/p>\n\n\n

\n
\"\"<\/figure>\n<\/div>\n\n\n

The source I explore in this blogpost is a legal document issued by the authorities of the Islamic State in Mosul, Iraq, in August 2016. More precisely, it is a \u1e25ujjat milkiyya<\/em>, a \u2018proof of ownership\u2019, that serves the purpose of establishing legal possession of an enslaved woman named Najma Sa\u02bf\u012bd Ism\u0101\u02bf\u012bl by a man referred to as \u2018the brother Ab\u016b l-Zubayr\u2019.[4]<\/a><\/sup> <\/p>\n\n\n\n

Elsewhere, TraSIS team member Omar Anchassi has written about the introduction of slave concubinage by the self-proclaimed caliphate and has examined the connection of this phenomenon to the corpus of premodern jurisprudential literature, and to the group\u2019s eschatological frame of reference.[5]<\/sup><\/a>\u2060<\/sup> Here, however, I would like to draw the reader\u2019s attention to the following questions: firstly, what kind of information does this \u2018proof of ownership\u2019 document contain? What structure does it follow? And secondly, what insights can we gain into the enslavement practices carried out by the Islamic State through analysing it? <\/p>\n\n\n\n

Structure and Content <\/strong><\/h2>\n\n\n\n

The document consists of three vertically arranged sections which are separated from each other by two printed lines: one completely solid line between the first and the second section, and another line that separates the second and the third part stretching from the right side until a little beyond the middle of the paper. <\/p>\n\n\n\n

The first part of the document covers around one-fifth of the total area and is very formalistic: it states the document type, the authority by which it has been issued as well as the place and hijr\u012b<\/em> and Gregorian dates on which this took place. Additionally, we find a consecutive number. Building on this information, we know that this document is a \u1e25<\/em>ujjat milkiyya<\/em>, a \u2018proof of ownership\u2019, that has been assigned the consecutive number 221 and was issued on the 12th<\/sup> of Dh\u016b l-Qa\u02bfda 1437h, corresponding to 16th<\/sup> August 2016. The issuing authority is the Islamic State (Ar. al-dawla al-isl<\/em>\u0101miyya<\/em>), specifically its \u2018d\u012bw\u0101n al-qa\u1e0d\u0101\u02be wa-l-ma\u1e93\u0101lim<\/em>\u2019, which can be translated as the \u2018Bureau for the Judiciary and Grievances\u2019. While the term qa\u1e0d\u0101\u02be <\/em>suggests regular Sharia courts presided over by q\u0101\u1e0d\u012b<\/em>s, the term ma\u1e93\u0101lim<\/em> signifies \u2018the structure through which the temporal authorities took direct responsibility for dispensing justice.\u2019[6]<\/sup><\/a> It often involved the executive power acting In consultation with religious elites, and the venue for dispensing this form of justice could be a ruler\u2019s palace or some separate building erected specifically for this purpose.[7]<\/sup><\/a> It is unclear how the qa\u1e0d\u0101\u02be<\/em>–ma\u1e93\u0101lim <\/em>distinction functioned in the context of the Islamic State.<\/p>\n\n\n\n

The middle part of the document covers the following two-fifths and contains the actual \u2018proof of ownership\u2019, establishing the legal owner of the enslaved women in question. The enslaved woman is identified by her name, physicalappearance, and age. This part of the document repeats the date on which it was issued. What we read here is: \u2018[The following] has been established before the Sharia court of Nineveh Province at the office for marriage contracts (on Tuesday): the ownership of brother Ab\u016b l-Zubayr of the female captive (Ar. sabiyya<\/em>) Najma Sa\u02bf\u012bd Ism\u0101\u02bf\u012bl, aged 20 years. Her description: honey-coloured eyes, thin, short, 130cm. On the date: 12th<\/sup> of Dh\u016b l-Qa\u02bfda 1437 hijr<\/em>\u012b<\/em>, corresponding to 16\/8\/2016 m\u012bl<\/em>\u0101d<\/em>\u012b<\/em>. He has been issued this proof of ownership.\u2019<\/p>\n\n\n\n

The lower two-fifths of the document can be further sub-divided into two: firstly, in the part that follows directly after the second line mentioned above, we find the opportunity to name the former owner of the enslaved person, who is denoted here as \u2018al-m\u0101lik al-shar\u02bf\u012b<\/em>\u2019, the rightful owner, and the purchaser, \u2018al-mushtar\u012b<\/em>\u2019. Both sign the document in this section with their fingerprints, as required by the form. Here, we learn that the former owner was a certain Ab\u016b Mun\u02bfim and that Ab\u016b l-Zubayr, for whom the proof of ownership is issued, is the one who purchased Najma Sa\u02bf\u012bd Ism\u0101\u02bf\u012bl from him. Below this last formulaic part, we find a blank section preceded by an asterisk. This space has been used for an additional comment, written by a certain \u2018al-k\u0101tib bi-l-\u02bfadl<\/em>\u2019, the person responsible for scribing the document (the phrase refers to Qur\u02be\u0101n 2:282). He states that the two men, Ab\u016b Mun\u02bfim and Ab\u016b l-Zubayr, contracted the sale of Najma Sa\u02bf\u012bd Ism\u0101\u02bf\u012bl in front of him. Najma is classified here as \u2018milk al-yam\u012bn<\/em>\u2019, meaning \u2018property of the right hand\u2019, a Qur\u02be\u0101nic expression referring to slave concubines. He also mentions the price of $1,500 USD, which had already been paid in its entirety when the document was issued. Because of this, the scribe states that the transfer of ownership to Ab\u016b l-Zubayr has been completed. Finally, it is noted that this has been witnessed by a certain Ab\u016b \u1e6cayyiba and another man called Ab\u016b \u02bfIzz al-D\u012bn. <\/p>\n\n\n\n

In the lower lefthand side, the document includes a stamp that identifies it as being issued by the Islamic State and as part of the court records of Mosul. The stamp also includes \u2018al-k\u0101tib bi-l-\u02bfadl<\/em>\u2019.<\/p>\n\n\n\n

Analysis<\/strong><\/h2>\n\n\n\n

It is very important to consider documentary and archival evidence in the study of legal phenomena in order to bridge the oft-criticised gap between juristic theory and practice. It is difficult, however, to draw compelling conclusions from a single document. Nevertheless, I would like to take the opportunity to point to some aspects of the attitude of IS personnel toward persons abducted and enslaved by them, based on this document. <\/p>\n\n\n\n

The overall impression given by the document is that slavery in the Islamic State was a highly regulated and well-administered field. What we are dealing with in this case is a form printed to facilitate the Islamic State\u2019s issuing such \u2018proofs of ownership\u2019, standardising the procedures of their courts. This is indicated by the document\u2019s design: the first and second part in particular can be filled in very quickly, with the decade pre-printed so that only the correct year need be indicated by hand, in addition to the day and month. The name of the court is also stamped on the document, as well as the consecutive number (221), indicating not only the demand for such \u2018proofs\u2019, but perhaps also something, admittedly vague, about the court\u2019s caseload, and perhaps even the size of the enslaved population in the province. <\/p>\n\n\n\n

Further noteworthy observations can be made when we focus on the second part of the document. Here, we learn that the office responsible for issuing the document within the structures of the court in Mosul was the one for matters of marriage.[8]<\/sup><\/a> This part of the document also sheds light on the identity of the man for whom this \u2018proof\u2019 was issued, as well as that of the enslaved woman (and the commodification of her body). The man is only identified as a certain \u2018brother Ab\u016b l-Zubayr\u2019, which is rather vague. The enslaved woman, on the other hand, is characterised by the form as a sabiyya<\/em>, a female abducted in warfare. This term is frequently encountered in other publications of the Islamic State.[9]<\/sup><\/a>We also learn her name, Najma Sa\u02bf\u012bd Ism\u0101\u02bf\u012bl. The document adds that she was 20 years old when the document was issued in August 2016. The form requires a further description of her: in this respect, the document accords well with premodern purchase deeds I have analysed elsewhere,[10]<\/sup><\/a> in that only Najma\u2019s physical appearance is described, rather briefly. Character traits and behaviour do not figure at all. This emphasises the commodification of her body through enslavement and the related legal procedures, such as her being the object of a commercial transaction. <\/p>\n\n\n\n

In the document\u2019s final part, the form details the former \u2018rightful\u2019 owner and the purchaser. This offers us some context for the preceding section: it becomes clear that the \u2018proof of ownership\u2019 was issued because a transaction took place in which Najma was sold by a certain Ab\u016b Mun\u02bfim to her new owner, Ab\u016b l-Zubayr. In the following handwritten statement, the document\u2019s scribe confirms this, including a mention of the price that had been paid, $1,500 USD. Due to the reportedly large price differences for enslaved Yezidis, ranging from less than $20 USD to more than $12,000 USD, it is not possible to interpret the significance of this figure without further context.[11]<\/sup><\/a> Finally, the transaction is attested by two witnesses, though they have not signed the document themselves. This distinguishes them from the seller and buyer, who have signed with their fingerprints, as per the requirements of the form.    <\/p>\n\n\n\n

Conclusion<\/strong><\/h2>\n\n\n\n

While analysing a single document might be unsatisfactory when it comes to drawing larger conclusions, the \u2018proof of ownership\u2019 explored here bears witness to the fact that still, even in the 21st century, people can suffer from abduction and enslavement. This genocide of the Yezidi people has shown that the dehumanisation of fellow human beings, thecommodification of their bodies and the neglect of their personhood is by no means over. The phenomena we study are not confined to some distant past, but manifest themselves in a variety of ways as part of our present. <\/p>\n\n\n\n

Bibliography <\/strong><\/h2>\n\n\n\n

Ali, Kecia. 2010. Marriage and Slavery in Early Islam<\/em>. Cambridge: Harvard University Press.<\/p>\n\n\n\n

Anchassi, Omar. 2020. \u201cThe Logic of the Conquest Society: ISIS, Apocalyptic Violence and the \u2018Reinstatement\u2019 of Slave Concubinage,\u201d in Violence in Islamic Thought From European Imperialism to the Post-Colonial Era<\/em>, ed. By Mustafa Baig and Robert Gleave, 225\u2013248. Edinburgh: Edinburgh University Press.<\/p>\n\n\n\n

Emunds, Laura. 2022. \u201cFraming the \u2018Human Commodity\u2019: Descriptions of Enslaved Bodies in Purchase Deeds from the 3rd\/9th to the Early 10th\/Late 15th Century.\u201d Studi Ma<\/em>\u0121<\/em>rebini<\/em> 20, 2: 166\u2013186.<\/p>\n\n\n\n

Nicolaus, Peter and Serkan Yuce. 2017. \u201cSex-Slavery: One Aspect of the Yezidi Genocide.\u201d Iran & The Caucasus<\/em> 21, 2: 196\u2013229.<\/p>\n\n\n\n

Nielsen, J\u00f8rgen S. \u201cMa\u1e93\u0101lim.\u201d Encyclopaedia of Islam, Second Edition<\/em>. Available at: http:\/\/dx.doi.org\/10.1163\/1573-3912_islam_COM_0721 (accessed 10 March 2023).<\/p>\n\n\n\n

Rapoport, Yossef. 2012. \u201cRoyal Justice and Religious Law: Siy\u0101sah and Shari\u02bfah under the Mamluks.\u201d Maml\u016bk Studies Review<\/em> 16: 71\u2013102.<\/p>\n\n\n\n

Umm Sumayyah al-Muh\u0101jira. 1436 [2015]. \u201cSlave-Girls or Prostitutes?\u201d Dabiq<\/em> 9: 44\u201349.<\/p>\n\n\n\n

Winnebeck, Julia et al. 2023. \u201cThe Analytical Concept of Asymmetrical Dependency.\u201d Journal of Global Slavery<\/em> 8: 1\u201359.
<\/p>\n\n\n\n

—. 2021. On Asymmetrical Dependency<\/em>, Concept Paper 1. Bonn, Bonn Center for Dependency and Slavery Studies. Available at: https:\/\/www.dependency.uni-bonn.de\/images\/pdf-files\/bcdss_cp_1-_on-asymmetrical-dependency.pdf (accessed 10 March 2022).<\/p>\n\n\n\n

Zeuske, Michael. 2021. Sklaverei. Eine Menschheitsgeschichte von der Steinzeit bis heute<\/em>. Ditzingen: Reclam.<\/p>\n\n\n\n

\n\n\n\n

<\/a>I would like to thank Serena Tolino for her feedback concerning the sensitivity of the discussed source and Omar Anchassi for not only sharing his expertise with me, but also for his careful language editing.    <\/p>\n\n\n\n

[1]<\/sup> Initially suggested in Julia Winnebeck, J. et al. 2021. On Asymmetrical Dependency<\/em>, Concept Paper 1. Bonn, Bonn Center for Dependency and Slavery Studies. Available at: https:\/\/www.dependency.uni-bonn.de\/images\/pdf-files\/bcdss_cp_1-_on-asymmetrical-dependency.pdf (accessed 10 March 2022). See also the following article which builds on this first publication: Julia Winnebeck et al. 2023. \u201cThe Analytical Concept of Asymmetrical Dependency.\u201d Journal of Global Slavery<\/em> 8: 1\u201359.<\/p>\n\n\n\n

[2]<\/sup><\/a> Michael Zeuske. 2021. Sklaverei. Eine Menschheitsgeschichte von der Steinzeit bis heute<\/em>. Ditzingen: Reclam, 17.<\/p>\n\n\n\n

[3]<\/sup><\/a> Peter Nicolaus and Serkan Yuce state that the total number of abducted Yezidis was 6,396. In October 2016, two years after the fall of Mosul, 3,799 of them were still hold in captivity and enslavement according to their data. See: Peter Nicolaus and Serkan Yuce. 2017. \u201cSex-Slavery: One Aspect of the Yezidi Genocide.\u201d Iran & The Caucasus<\/em> 21, 2: 200.<\/p>\n\n\n\n

[4]<\/sup><\/a> The document has been published as specimen 36L by Aymenn Jawad al-Tamini on his blog, see https:\/\/www.aymennjawad.org\/2016\/09\/archive-of-islamic-state-administrative-documents-2 (accessed 31 March 2023). I thank Aymenn for giving me the permission to use this document. <\/p>\n\n\n\n

[5]<\/sup><\/a> Omar Anchassi. 2020. \u201cThe Logic of the Conquest Society: ISIS, Apocalyptic Violence and the \u2018Reinstatement\u2019 of Slave Concubinage,\u201d in Violence in Islamic Thought From European Imperialism to the Post-Colonial Era<\/em>, ed. By Mustafa Baig and Robert Gleave, 225\u2013248. Edinburgh: Edinburgh University Press.<\/p>\n\n\n\n

[6]<\/sup><\/a> J\u00f8rgen S. Nielsen, \u201cMa\u1e93\u0101lim.<\/em>\u201d Encyclopaedia of Islam, Second Edition<\/em>. Available at: http:\/\/dx.doi.org\/10.1163\/1573-3912_islam_COM_0721<\/a>(accessed 10 March 2023).<\/p>\n\n\n\n

[7]<\/sup><\/a> Yossef Rapoport. 2012. \u201cRoyal Justice and Religious Law: Siy\u0101sah<\/em> and Shari\u02bfah<\/em> under the Mamluks.\u201d Maml\u016bk Studies Review<\/em> 16: 81.<\/p>\n\n\n\n

[8]<\/sup><\/a> This institutional structure might hint at the conceptual similarities of marriage and slave concubinage rooted in the Islamic legal tradition, a topic that has been discussed in great depth by Kecia Ali. See: Kecia Ali. 2010. Marriage and Slavery in Early Islam<\/em>. Cambridge: Harvard University Press.<\/p>\n\n\n\n

[9]<\/sup><\/a> Umm Sumayyah al-Muh\u0101jira. 1436 [2015]. \u201cSlave-Girls or Prostitutes?\u201d Dabiq<\/em> 9: 44\u201349.<\/p>\n\n\n\n

[10]<\/sup><\/a> Laura Emunds. 2022. \u201cFraming the \u2018Human Commodity\u2019: Descriptions of Enslaved Bodies in Purchase Deeds from the 3rd\/9th to the Early 10th\/Late 15th Century.\u201d Studi Ma<\/em>\u0121<\/em>rebini<\/em> 20, 2: 166\u2013186.<\/p>\n\n\n\n

[11]<\/sup><\/a> Nicolaus and Yuce, \u201cSex-Slavery,\u201d 199.<\/p>\n","protected":false},"excerpt":{"rendered":"

Introduction Among scholars working in the field of Slavery Studies and related areas, one of the most pressing questions in recent years concerns the difficulty of labelling the diverse phenomena we see: when is it appropriate to speak of slavery? When do we refer to bondage? What role does labour coercion play? To mention only two important approaches discussed in the last couple of years: is it more useful to focus in our analyses on social relations shaped by \u2018strong…<\/p>\n

Read More Read More<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_eb_attr":"","iawp_total_views":0,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-181","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/trasisblog.unibe.ch\/index.php?rest_route=\/wp\/v2\/posts\/181","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/trasisblog.unibe.ch\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/trasisblog.unibe.ch\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/trasisblog.unibe.ch\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/trasisblog.unibe.ch\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=181"}],"version-history":[{"count":5,"href":"https:\/\/trasisblog.unibe.ch\/index.php?rest_route=\/wp\/v2\/posts\/181\/revisions"}],"predecessor-version":[{"id":355,"href":"https:\/\/trasisblog.unibe.ch\/index.php?rest_route=\/wp\/v2\/posts\/181\/revisions\/355"}],"wp:attachment":[{"href":"https:\/\/trasisblog.unibe.ch\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=181"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/trasisblog.unibe.ch\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=181"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/trasisblog.unibe.ch\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=181"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}