What is the legal status of a slave's wife if the slave flees (Abbaqa)?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
If a slave flees, his wife remains legally married to him until his death or apostasy is confirmed. This position is held by Al-Awza'i, Al-Thawri, Al-Shafi'i, and Ishaq. The underlying principle is that flight is not equivalent to being a missing person, thus the marriage contract is not nullified, similar to a free man's situation.
Supporting text
Al-Hasan held that the flight of the slave constitutes a divorce.