In the absence of eligible guardians, who assumes the authority to contract the marriage?

General Chapter

Al-Mughni

Book of Marriage

Book 35 · Issue 3 · Bab 1

Open in Qurani

Primary text

If a guardian is a child, a slave, or a non-Muslim contracting for a Muslim female, their presence is treated as non-existence. The authority to contract the marriage is then established for the next nearest eligible relative, just as if the nearer guardians had died.