Is justice (Adalah) a prerequisite for the validity of the marriage guardian?
General Chapter
Al-Mughni
Book of Marriage
Primary text
There are two narrations regarding whether justice is a condition. One view holds that it is a condition. This is supported by the statement of Ibn Abbas, that there is no marriage except with two just witnesses and a sound guardian (Wali Murshid). Furthermore, a marriage contracted by a guardian who is disliked (Masukht 'Alayh) is void. Guardianship is a form of oversight (Nazar-iyyah), and a wicked person should not exclusively control it, similar to the guardianship of property.
Supporting text
The second narration states that justice is not a prerequisite. This view does not invalidate the marriage if the guardian is wicked or if the witnesses are not just. This is the position of Malik, Abu Hanifah, and one narration from Al-Shafi'i. The reasoning is that since the guardian can contract his own marriage, he can exercise guardianship over others, just like a just person. Moreover, the basis of guardianship is kinship, and its condition is oversight, and this person is capable of oversight and sound judgment, thus he should act like a just person.