If the guardian in property matters is different from the guardian in marriage matters for a female slave, who has the authority to contract her marriage?
General Chapter
Al-Mughni
Book of Marriage
Primary text
If the guardian in her property is not the guardian for her marriage, the authority for her marriage belongs to the guardian in property, not the guardian for marriage, because the property guardian is the one who transacts with the property, and she is property.
Supporting text
The second narration transmitted from Ahmad is that the woman (mistress) may appoint a man to contract the marriage of her female slave. This is narrated by a group from Ahmad because the basis of guardianship is ownership, which is established in the woman, and direct action is precluded due to her feminine deficiency; thus, she is permitted to appoint an agent, analogous to a sick or absent man. A third potential narration from Ahmad suggests the mistress herself marries her off, stating, 'It has been said that she marries her off; she is her property.' This implies his view or the position of Abu Hanifa, who holds that since she owns her and her guardianship over her is complete, she may contract the marriage like a master. Since she can sell or rent her, she can contract her marriage like her master. Moreover, guardianship over a woman is established to secure her needs and protect the interests of the guardians in securing them; thus, guardianship is not established over her female slave because the necessity of securing needs or the right of guardians is absent.