Legal Representations of Muslim Slaves by American Courts and Legislative Bodies: 1650–1861

Abstract

This paper is the first specific exploration of Muslim slaves in front of American courts and legal mechanisms more broadly from the seventeenth century through the nineteenth century. As hundreds of thousands of slaves who came to America had Muslim backgrounds, many of those Muslim slaves found themselves in front of legal regimes and American courts. However, the Muslim identities of these slaves, despite the importance that their religious beliefs might have had for them, were rarely discussed in the case law or not mentioned at all. Drawing from Patterson’s notion of the “socially dead” slave, this paper draws on numerous examples from cases like Amistad to cases dealing with wills and estates to note that the ties to Islam in these cases were obfuscated and minimized. The social death of Muslim slaves in the way that the court documented their experiences silences the voices of American Muslim slaves who reacted in unique ways to their condition of slavery.