What is the legal status if the master claims the impregnation resulted from a valid marriage or dubious intercourse (shubha)?
General Chapter
Al-Mughni
Book of Acknowledgment of Rights
Primary text
If the master declares the impregnation resulted from a valid marriage (nikah) or dubious intercourse (watu' shubha), the female slave does not become an 'Umm Walad', nor is the child freed. If it was from a marriage, the master retains the loyalty (al-wala') because it involved sexual contact while she was in a state of servitude (riqq). If it was from dubious intercourse, the female slave does not become an 'Umm Walad'.
Supporting text
If the cause of impregnation is not established, the female slave remains a slave because the presumption (al-asl) is servitude, and the cause for freedom has not been proven. There is a possibility that she becomes an 'Umm Walad' because the apparent situation is her impregnation while in his possession, given she is his slave and childbirth has occurred. There is no loyalty (wala') due on the child because the presumption is its absence, and it is not established except by proof.