Is the marriage of a free woman to a man who can afford a free wife, but marries a slave woman instead, valid?

General Chapter

Al-Mughni

Book of Marriage

Book 35 · Issue 1 · Bab 1

Open in Qurani

Primary text

If the husband is one for whom marriage to a slave woman is forbidden (i.e., he possesses financial means or does not fear fornication), the marriage must be dissolved. This is because the contract is fundamentally invalid due to the absence of a required condition, namely the husband being eligible to marry a slave. Similarly, if the marriage occurred without the master's permission or any other essential condition of marriage was missing, the contract is invalid, and separation is decreed. The ruling regarding restitution follows previous stipulations.

Supporting text

If the husband is one permitted to marry a slave woman and all conditions for the marriage are met, the contract is valid. In this case, the husband has the option to either annul the marriage or continue with it. This aligns with the apparent position of Imam Al-Shafi'i.