What is the ruling regarding a slave who converts to Islam?

General Chapter

Al-Mughni

Book of Jihad

Book 54 · Issue 4 · Bab 1

Open in Qurani

Primary text

If a slave escapes to the Muslim domain before converting and subsequently embraces Islam, they are not returned to their former masters. The Shafi'i school holds that if the slave converted before leaving, they do not become free upon reaching the Muslim domain because the truce implies protection from coercion. However, the primary ruling asserts that since they were outside the domain of Islam, they are not to be returned; the truce only restricts forceful action against those within the Muslim domain who are under the Imam's custody. Furthermore, a slave who escapes and then converts becomes free, as if they had converted after their escape.

Supporting text

The Shafi'i scholars posit that if a slave leaves before embracing Islam and then converts, they are not returned. They also argue that if a slave converts before leaving but then reaches Muslim territory, they do not become free because they are protected under the terms of the truce, which prevents coercion.