What is the ruling on a slave or female slave from Dar al-Harb who accepts Islam and moves to Dar al-Islam?

General Chapter

Al-Mughni

Book of Jihad

Book 54 · Issue 1 · Bab 1

Open in Qurani

Primary text

A slave or female slave originating from Dar al-Harb who accepts Islam and subsequently migrates to Dar al-Islam is immediately freed. If their master and his children are later captured, and their property is seized, the person remains free, and the property belongs to the original owner. The captured individuals become slaves. If the person accepts Islam but remains residing in Dar al-Harb, their status of servitude remains unchanged. The majority of scholars uphold this ruling. Evidence is found in the actions of the Prophet, peace be upon him, who would free slaves coming from the enemy before their masters, as narrated by Ibn Abbas via Saeed bin Mansur. Furthermore, the Prophet judged that if a slave flees to Dar al-Harb before his master, he becomes free; if the master subsequently enters Dar al-Islam, the slave is not returned. The Prophet also refused to return Abu Bakrah to his former masters after he accepted Islam while they were under siege, declaring him 'Free by Allah, then free by His Messenger.'

Supporting text

Abu Hanifa differed concerning the female slave (*umm walad*) from Dar al-Harb who comes to Dar al-Islam, stating she may marry immediately without performing the waiting period (*istibra*). The general scholarly position contradicts this, asserting that since she has been freed as an *umm walad*, she must observe the waiting period just as a free Muslimah or a *dhimmi's* female slave would.