The legal status of a slave woman whose master (a non-Muslim) converts to Islam after designating her as an Umm Walad (mother of his child).
General Chapter
Al-Mughni
Book of Freeing Mothers of Children
Primary text
The designation of a slave woman as an Umm Walad by a non-Muslim master is valid, just as manumission by a non-Muslim is valid. If a Dhimmi (protected non-Muslim) designates his slave woman as Umm Walad and she subsequently converts to Islam, she is not immediately freed. This is the position held by Al-Shafi'i. The core reasoning is that Islam occurring while she is still under ownership does not necessitate immediate manumission, nor does it mandate a contract for buy-back (Istis'a), similar to a regular slave. Allowing immediate emancipation without compensation is an injury to the owner by removing his property without recompense. Mandating Istis'a forces her into labor against her will and compromises her right, as the compensation outcome is uncertain.
Supporting text
Malik stated that she is freed immediately because selling her or affirming the master's ownership over a Muslim woman by a non-Muslim is impermissible, similar to the case of a slave girl (Im'a Qinn). A second narration from Ahmad holds that she enters into a buy-back contract (Istis'a); if she pays the required amount, she is freed. This aligns with the view of Abu Hanifa, as it balances the right of the woman to not remain the property of a disbeliever and the right of the owner to receive compensation for his property, resembling the sale of a slave girl who is not an Umm Walad.