Who contracts a woman in marriage if her closest guardian is absent and unreachable or fails to respond?
General Chapter
Al-Mughni
Book of Marriage
Primary text
If the closest guardian (*wali*) is absent in a location such that a letter cannot reach him, or if he receives the letter but does not reply, the marriage contract is given to the next closest paternal relative (*asabah*). If no such relative exists, the Sultan (ruler/authority) contracts the marriage. This position is held by Abu Hanifa. The evidence supporting this sequence is the statement of the Prophet, peace be upon him: "The Sultan is the guardian for one who has no guardian." Since the woman does have a guardian (the closest one), the Sultan does not become her guardian by default. Furthermore, because the closest guardian cannot facilitate the marriage, guardianship transfers to the next closest paternal relative, similar to cases where the closest guardian becomes insane or dies. This situation permits marriage to be contracted by someone other than the closest guardian, allowing the next closest relative to act, just as they would in the original capacity (as the default successor).
Supporting text
Al-Shafi'i holds that the ruler contracts the marriage because access to marriage through the closest guardian has become impossible while his guardianship remains intact, thus the ruler acts in his stead, similar to cases of obstruction (*'adl*). He argues that the next closest relative is veiled by the authority of the closest guardian and cannot marry her, just as if the closest guardian were present. The evidence for the continued authority of the closest guardian is that if he contracts the marriage from afar or delegates someone, the marriage is valid.