Validity of a contract of manumission (Kitabah) between a Muslim slave and his Dhimmi master.

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 1 · Bab 1

Open in Qurani

Primary text

The contract of manumission (*Kitabah*) executed between a Dhimmi master and his Muslim slave is valid because it is either a contract of compensation or a conditional manumission, both of which are permissible for the Dhimmi to undertake. If the parties subsequently refer the contract to a judge after the *Kitabah*, the judge will uphold the contract if it conforms to Sharia, regardless of whether they referred it before or after their conversion to Islam.