Is the marriage contract valid when the master owns one party and is delegated by the owner of the other party, or when the guardian delegates the master for the proposal and the master acts for acceptance?

General Chapter

Al-Mughni

Book of Marriage

Book 35 · Issue 2 · Bab 1

Open in Qurani

Primary text

Two legal opinions arise concerning the validity of the contract when the master owns one party and is delegated by the owner of the other, or when the guardian delegates the master for the proposal ('ijab') and the master accepts ('qabul'). This divergence stems from whether the master's authority over the slave is based on ownership or delegated permission.