Who possesses the authority to marry off the enslaved woman whose usufruct was bequeathed?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 5 · Bab 1

Open in Qurani

Primary text

Neither the beneficiary of the usufruct nor the owner of the title deed can initiate her marriage without mutual consent, as the beneficiary does not own the title deed, and the owner's action would harm the beneficiary's right to her use. However, if the woman requests marriage, it must be performed, as her right to marriage supersedes the owner's right to withhold it, evidenced by the precedence given to her right if she requested it from her full owner. The guardian (*wali*) for the marriage in both permissible scenarios is the owner of the title deed, as they are the owner of the person.

Supporting text

If the parties agree to the marriage before she requests it, it is permissible.