What is the ruling regarding the adult children and wife of an enemy combatant who converts to Islam in Dar al-Harb?
General Chapter
Al-Mughni
Book of Jihad
Primary text
The adult children of the convert are not protected from enslavement because they do not follow him into Islam. Similarly, his non-Muslim wife is not protected. If the wife is enslaved, her marriage contract remains valid, and rulings concerning its dissolution follow the established rules for the marriage of polytheists.
Supporting text
Abu Hanifa's reasoning regarding the status of dependents is rejected because the rule is that the dependents follow the status of the enslaver (Sabi) when the parents' status is unknown. Abu Hanifa argues that if the wife is enslaved, the fetus she carries should also be enslaved because the enslavement descends from the mother, similar to other body parts.