What is the legal status when a close guardian is in confinement or captivity preventing correspondence?
General Chapter
Al-Mughni
Book of Marriage
Primary text
If the guardian is close but imprisoned or a captive such that correspondence is impossible, he is treated legally as if he were distantly absent. This is because the consideration of distance is not based on physical miles alone, but on the impossibility of obtaining consent for the marriage through his consultation.
Supporting text
If the guardian is absent but his proximity or location is unknown, he is also treated as if he were distantly absent.