Can a master compel his adult, sane male slave to marry?
General Chapter
Al-Mughni
Book of Marriage
Primary text
A master does not have the authority to compel his adult and sane male slave into marriage. This position is held by Al-Shafi'i in one of his two opinions. The justification against compulsion is that the slave is a legally responsible person (mukallaf) who possesses the right to divorce; thus, he cannot be forced into marriage, similar to a free man. Moreover, marriage is a matter purely for his benefit and right, resembling the status of a free man.
Supporting text
Malik and Abu Hanifa hold that the master has this right, citing the Quranic command to marry off the unmarried among you and the righteous among your slaves (Quran 24:32), and because the master owns the slave's person and has the right to hire him out, similar to a female slave. The command in the verse is understood to apply only when the slave requests marriage.