Is a marriage contract valid if a woman marries a slave believing him to be free?
General Chapter
Al-Mughni
Book of Marriage
Primary text
The marriage contract is valid. This is the opinion held by Abu Hanifa and one of the two established positions of Al-Shafi'i. The basis for this ruling is that a difference in status does not invalidate the contract, analogous to a free woman marrying a female slave believing her to be free. This ruling applies provided all prerequisites of the marriage contract are met and the master of the slave has given permission.
Supporting text
If the woman is free and we hold that freedom is not a condition of legal equivalence (*kifaa'ah*), or if the absence of equivalence does not invalidate the marriage, the contract is valid. In this case, the woman has the choice between ratification or annulment. If she chooses ratification, her guardians may still object due to the lack of equivalence. If the woman is a female slave, she should also have the option to choose, based on the principle that just as a male slave has the option when deceived about a free woman, a female slave has the option when deceived about a male slave.