Does the master have the right to compel the marriage of a female slave who has given birth to his child (Umm Walad)?
General Chapter
Al-Mughni
Book of Freeing Mothers of Children
Primary text
The master has the right to marry her regardless of her consent or disapproval. This view is held by Abu Hanifah and is one of the opinions of Al-Shafi'i and the preferred view of Al-Muzani. The reasoning is that she is a female slave over whom the master retains rights of sexual enjoyment and service, thus granting him the right to marry her, similar to a bonded slave (qinn). This distinguishes her from a *mukataba* (a slave contracted for manumission), over whom he does not possess these rights.
Supporting text
The older opinion of Al-Shafi'i holds that he cannot marry her without her consent because her status has acquired the legal ruling of freedom in a manner the master cannot revoke, akin to a *mukataba*. A third opinion states he cannot marry her even with her consent because his ownership is weakened, and she has not fully achieved freedom, similar to a female orphan. There is a disagreement regarding whether a judge may compel her marriage under this third view.