Who constitutes 'the Sultan' (ruler/authority) in matters of marriage facilitation?
General Chapter
Al-Mughni
Book of Marriage
Primary text
The term 'Sultan' in this context refers to the Imam, the ruler, or whomever authority has been delegated to by them. There are differing reports from Ahmad regarding the local governor (Wali al-balad). One report states that the local governor may conduct the marriage. Another view suggests that in a district (Ristaq) where there is no judge, the governor may conduct the marriage if he exercises caution regarding the dowry (mahr) and suitability of the spouse (kufu). This is permissible because the governor possesses authority (sultan), thus falling under the general scope of the prophetic narration concerning authority.
Supporting text
Another statement attributed to Ahmad defines the Sultan as the judge who rules on matters of sexual relations, prescribed punishments (hudud), and stoning, distinguishing this from the chief of police whose authority is limited to discipline and punitive action related to injury. Furthermore, one position asserts that the governor has no inherent authority in this matter, only the judge does. The initial narration permitting the governor's action is interpreted by some scholars to mean the governor was specifically authorized by the judge to conduct the marriage, or that the governor is delegated judicial matters within his jurisdiction when a judge is absent.