Is emancipation (I'tiq) valid if performed by someone who is not the owner of the slave?

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Emancipation is invalid if performed by someone who is not the owner of the slave. This invalidity applies even if the emancipator is the father emancipating the slaves of his minor son or his orphan ward under his guardianship. This view is held by Al-Shafi'i and Ibn Al-Mundhir. The basis is that emancipation by a non-owner is invalid, similar to emancipating the slave of an adult son. The inheritance law where the father inherits a sixth of his son's wealth supports the view that the father has no right over the remainder. Furthermore, the Hadith stating "You and your wealth belong to your father" does not imply literal ownership but emphasizes the father's right to take from the son's wealth and the son's inability to demand it back. The father's authority over the son's wealth is limited to safeguarding it and managing affairs the minor cannot handle, which necessitates preventing the squandering of the slave through emancipation or gift.