Is the marriage contract valid when an apostate man marries off his female slave?

General Chapter

Al-Mughni

Book of the Apostate

Book 50 · Issue 3 · Bab 1

Open in Qurani

Primary text

The marriage contract where an apostate man marries off his female slave is not valid because a marriage contract cannot be conditional or pending (*mawquf*). Furthermore, for the marriage of a slave, valid guardianship is required in the contract, evidenced by the fact that a woman cannot lawfully marry off her own slave. An apostate has no authority, being in a lesser status than a disobedient (sinful) non-believer.