Validity of a marriage contracted by a master on behalf of his slave with the slave's permission.
General Chapter
Al-Mughni
Book of Marriage
Primary text
It is permissible for a master to marry his slave with the slave's permission. It is also permissible for the master to authorize the slave to marry on his own behalf, as the slave is a legally responsible person whose divorce is valid, thus qualifying him to manage a marriage contract like a free man. The master's authorization can be absolute or restricted.
Supporting text
If the master specifies a particular woman, women from a specific town or tribe, or a free woman or a slave woman, and the slave marries someone else, the marriage is invalid because the slave acts as an agent whose disposition is bound by the authorization, akin to a proxy. If the authorization is absolute, the slave may marry whom he wishes, but the master can prevent him from moving to another town for his wife, and if the wife is in the master's town, the master must send the slave to her at night for conjugal visits. The master may also require the wife to reside in his house if the accommodation is suitable, and he is not obliged to send the slave during the day as he needs the slave for service, and daytime is not designated for conjugal rights. The wife's rights over the slave's person do not exceed those of a free man's wife, and the master may travel with the slave, just as a free man may travel against his wife's wishes.