Can the master of a non-Muslim female slave contract her marriage to a non-Muslim?

General Chapter

Al-Mughni

Book of Marriage

Book 35 · Issue 7 · Bab 1

Open in Qurani

Primary text

The master of a non-Muslim female slave may marry her to a non-Muslim because she is unlawful for Muslims to marry. The guardian appointed for the master of a non-Muslim female slave may also perform this contract for a non-Muslim, as this is a guardianship based on ownership ('wilayah bil-milk'), which is not negated by the master being Muslim, similar to other forms of ownership-based authority. No other guardian besides her master exists for her.