Is the contract of manumission by indenture (kitabah) valid if executed by a Harbī (warrior against Muslims) concerning his slave?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
The contract of indenture (kitabah) entered into by a Harbī concerning his slave is valid, whether executed in the land of war (Dar al-Harb) or the land of Islam (Dar al-Islam). This position is held by Al-Shafi'i. The validity is supported by the statement of God Almighty: {And He caused you to inherit their lands, dwellings, and wealth} (Quran 33:27). This attribution of property to them necessitates the validity of their ownership, which in turn necessitates the validity of their dispositions (transactions).
Supporting text
Abu Hanifa holds that it is not valid because the ownership of the Harbī is imperfect. A position attributed to Malik suggests that the Harbī does not possess ownership, evidenced by the right of a Muslim to claim ownership over that slave.