Definition of a Slave-Woman and Marriage to Her

Question

Is intimacy without nikah permissible with the woman who in Islam is called a slave-woman, or not? Please explain with juristic proofs. Also: Jodha Bai was the wife of Akbar, from whom Salim was born — is he illegitimate (walad al-zina) or not? Please explain this with proof. Jodha Bai was a non-Muslim and remained in her religion to the end. So in such a case, when Akbar did not marry her, is the child born from her illegitimate according to the Shari‘a or not?

Answer

For the owner, intimacy without nikah with a slave-woman in his ownership is permissible; indeed, if he himself wishes to marry her, the nikah is not permitted. If she was not his own slave-woman but the slave-woman of another, and he married her and then she came into his ownership, the nikah has ended.

Source: Fatawa Mahmudiyya

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