Marriage to a slave woman (nikah al-amah)

نكاح الأَمَة

Al-Sha'rawi says marriage to a believing slave woman needs her owner's permission, that her dower is paid in the customary way, and that if she commits zina after marriage her penalty is half that of a free married woman. A Muslim who can marry a free woman may marry a slave woman only in need and fear of sin. He says one purpose of the ruling is to end slavery, since a child follows the mother's status 1234.

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Family, marriage and kinship

Summary

Al-Sha'rawi sets out the conditions for marrying a believing slave woman: her owner's permission, a dower paid in the customary way, and marriage to a free woman being preferred. He says the ruling aims to end slavery. 13

Permission and dower

He says the slave woman is married with her owner's permission, so that the owner knows the marriage right has passed to the husband while ownership of her person stays with him, and that her dower is paid in the customary way as the price of enjoyment and as a mark of her dignity. 13

Need and fear of sin

He holds that a man able to marry a free woman does not need a slave woman, and explains "al-'anat" as hardship and strain. A footnote lists conditions that some jurists require, without naming them. 4

Penalty and children

He says a slave woman who commits zina after marriage receives half the penalty of a free married woman, and that a child follows the mother's status, so that a child of a slave mother is a slave. 235

Not checked here

No academic reading of marriage to slave women is set out in these pages (needs_source). The footnote's jurists are not named.

Opinions on the question

The question: When is marriage to a slave woman permitted, and what follows for the child and for the penalty for zina?

First opinion · Sunni tradition (the museum's frame)Main reference

Marriage to a slave woman is permitted under conditions and in need, and its purpose is to end slavery

Sha'rawi draws the conditions from the verse and adds that the ruling aims to end slavery. He reports, in a footnote, that some jurists require that the man lack the means to marry a free woman, that the slave woman be a believer, and that he fear sin; the jurists are not named {cite:tafsir-sharawi-khawatir-scan-vol-2 p. 2121}{cite:tafsir-sharawi-khawatir-scan-vol-2 p. 2122}{cite:tafsir-sharawi-khawatir-scan-vol-2 p. 2130}.

Held by: Muhammad Mutawalli al-Sha'rawi

More opinions (1)

Academic viewSecondary opinion

A historical or juristic reading of marriage to slave women has not yet been added

No academic reading is set out in these pages; it needs a named source (needs_source).

Connections

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Part of
What the right hand owns (milk al-yamin)

People and things also explored

What the right hand owns (milk al-yamin)· Taj Mahal· Abawan (the two parents)· Justice among co-wives· Obstructing a marriage (adl): the guardian and the husband· Fleshy growth in the wife's womb and the right to annul (afal)· Ahl al-Nasab (the kin by descent, and who counts as kin in bequests and endowments)· Akdariyya (a named inheritance case)

Sources

  1. Sha'rawi's Khawatir around the Holy Quran, volume one (scan copy) , p. 2121
  2. Sha'rawi's Khawatir around the Holy Quran, volume one (scan copy) , p. 2122
  3. Sha'rawi's Khawatir around the Holy Quran, volume one (scan copy) , p. 2125
  4. Sha'rawi's Khawatir around the Holy Quran, volume one (scan copy) , p. 2130
  5. Sha'rawi's Khawatir around the Holy Quran, volume one (scan copy) , p. 2126
Cite this page

islam.museum contributors. “Marriage to a slave woman (nikah al-amah)”. islam.museum, https://islam.museum/en/concept/nikah-al-amah/. CC BY-SA 4.0. Last updated 2026-10-23.

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What the right hand owns (milk al-yamin)

For al-Sha'rawi, what the right hand owns belongs to the aim of ending slavery. He holds that Islam widened the ways of manumission, that a concubine must be fed, clothed and not burdened beyond her capacity, and that no source of such ownership remains in his own time.