Is the right to annulment established for a woman whose freedom was only partial (i.e., the emancipator was insolvent)?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
Insolvency is stipulated for the emancipator because if the emancipator were solvent, the emancipation would apply to the entirety of the woman, rendering her fully free and establishing her right to choose. However, if the emancipator is insolvent, the emancipation applies only to the portion intended, leaving the rest in servitude, thus her freedom is incomplete, and the right to choose is not established. This is the position of Al-Shafi'i.
Supporting text
A narration from Ahmad, supported by Abu Bakr, grants her the right to choose, as her state of partial freedom is considered superior (Akmal) because she inherits, is inherited from, and is veiled (from inheritance claims) to the extent of her freedom. Al-Khiraqi's rationale against this is that there is no explicit text concerning partial emancipation, nor is she in the position of a completely free woman concerning full legal rulings. Furthermore, the basis that the marriage contract is valid and should not be dissolved by a matter under dispute (i.e., the extent of her freedom) applies, and her status is disputed.