for a new marriage contract.

If, however, she proves to be pregnant by someone other than her husband, the marriage is unquestionably invalid. He owes no dowry if he has not consummated the marriage. They have no right to take any of his property; rather, everything taken from him must be returned to him.

Shaykh al-Islām—may Allah have mercy on him—was asked:

“May male slaves be married to slave women without being emancipated, if they belong to the same owner? Who concludes both sides of the marriage contract on their behalf? And what of their children? May the master take the women as concubines?”

He replied:

It is permissible to marry male slaves to slave women while they remain enslaved, whether they belong to one owner or two. The leading Muslim scholars agree on this. The person who gives a slave woman in marriage is her master or his agent. As for the male slave, if he is an adult, he accepts the marriage on his own behalf, or his agent accepts on his behalf. If he is a minor, his master accepts on his behalf.

If both spouses belong to him, he says in the presence of two witnesses, “I marry my male slave So-and-so to my slave woman So-and-so.” The marriage is thereby contracted.

As for an adult male slave, may his master marry him off without his permission and compel him to marry? The scholars hold two views:

The first is that this is not permissible. This is the position of al-Shāfiʿī and Ahmad.

The second is that he may compel him. This is the position of Abū Hanīfah and Mālik. As for a slave woman and a minor male slave, he may marry them off without their permission, by scholarly agreement.