The validity of a marriage contract when one party gains a status different from the other after marriage, where the difference is between freedom and slavery.

Chapter on Marriage of Polytheists

Al-Mughni

Book of Marriage

Book 35 · Issue 3 · Bab 3

Open in Qurani

Primary text

The marriage contract itself is valid and should not be dissolved based on a matter of differing opinion among scholars. The fundamental difference lies between a free person and a slave; if the wife becomes free while married to a slave, she is harmed by remaining with him because he is deficient in status, thus necessitating the option. Conversely, when she becomes free while married to a free man, her gaining perfection does not cause detriment requiring dissolution of the contract, unlike the slave scenario.