or some ulterior purpose. All of this belongs to the practices of pre-Islamic ignorance, injustice, and transgression. Allah and His Messenger have forbidden it, and the Muslims unanimously agree that it is forbidden. Allah has obliged women’s guardians to consider the woman’s welfare, not their own desires. Like all other guardians and agents acting on someone else’s behalf, they must seek the welfare of the person they represent, not pursue their own desires. This is among the trusts that Allah has commanded to be discharged to those entitled to them. He says:
“Indeed, Allah commands you to render trusts to whom they are due and, when you judge between people, to judge with justice.”
This is also part of the obligatory duty of sincere counsel. The Prophet, may Allah bless him and grant him peace, said:
“Religion is sincerity. Religion is sincerity. Religion is sincerity.” They asked, “Towards whom, O Messenger of Allah?” He replied, “Towards Allah, His Book, His Messenger, the leaders of the Muslims, and their common people.”
And Allah knows best.
He—may Allah have mercy on him—was asked:
“A man married a woman, and she stayed with him for several days. Some people then came, claiming that she belonged to them. They took her from his house and looted his property while he was absent. Is it permissible to take her away when she is pregnant?”
He replied:
Praise be to Allah. If it was not apparent to the husband that she was a slave woman, but he married her without qualification, as is customary, believing her to be free, and was told that she was free, then he has been deceived, and his child by her is free, not a slave. As for the “marriage,” it is invalid if the master does not ratify it, by agreement of the Muslims. If the master ratifies it, it is valid according to the schools of Abū Hanīfah and Mālik, in one of the two reported positions; it is not valid according to the schools of al-Shāfi'ī and Ahmad, in the other reported position. Rather, there is a need