What is the legal justification for permitting the enslavement of an enemy female combatant whose husband has converted to Islam?

Primary text

The enslavement of the enemy female combatant is permissible because she is an unbeliever (*kafira*) and does not possess any protective guarantee (*aman*). Thus, her enslavement is lawful, just as if she were not the wife of a Muslim. Furthermore, her marriage bond is not nullified; rather, it remains valid. This is because the benefit derived from marriage (*manfat an-nikah*) is not treated as material wealth (*amwal*), demonstrated by the fact that it cannot be accounted for as a liability upon wrongful possession, nor is it permissible to receive compensation for it, unlike the right established by a rental contract (*ijara*).