What is the right of choice for wives who were slaves married to a slave man, when they become free after converting?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
If four wives convert, and they are manumitted before the husband converts, they have the right to annul the marriage because they became free women married to a slave. They possess the right of annulment even though they are subject to potential separation because he may convert and thus negate their status of proceeding towards separation. If they annul and the husband does not convert, the marriage is invalidated due to the difference in religion from the moment they became Muslim. If he converts within the *iddah*, the marriage is invalidated, and they must observe the *iddah* of free women in both scenarios, because they were obligated to observe *iddah* as free women, or because they became free during the *iddah* in which the husband could reaffirm the marriage, making it analogous to a revocable divorce (*raj'iyyah*).
Supporting text
If they delay the annulment until the husband converts, their right to annulment is not forfeited because their choice to remain implies reliance on their status leading towards separation, and thus does not imply consent to the marriage, similar to a revocably divorced woman who is manumitted and delays seeking annulment. If he converts before them, and then they are manumitted and choose annulment, it is valid because they were slave women manumitted while married to a slave. Some argue they have no option because there is no need for annulment, as it would occur by them remaining in disbelief, unlike the previous scenario. This view is incorrect because the underlying cause is present, and they may decide to embrace Islam, which is obligatory upon them. If it is argued that upon their Islam they choose annulment, the reply is that they are harmed by the prolonged *iddah*, as it begins from the time of annulment, which is why they have the right to annulment when they convert and are manumitted beforehand. If they choose to remain and state, 'We consent to the husband,' Al-Qadi states their right is forfeited because this is a state where choosing annulment is valid, so choosing permanence is also valid, similar to the state when they all converted together. Shafi'i associates argue their right is not forfeited because their choice to remain is contrary to their current status leading towards separation, thus it is invalid, similar to a woman in a revocable divorce who commits apostasy and the husband seeks to reaffirm the marriage during her apostasy. This is refuted by the case where he says, 'When the beginning of the month comes, you are divorced,' then she is manumitted, and she chooses her husband.