Can a local governor conduct a marriage contract in the absence of a judge?

General Chapter

Al-Mughni

Book of Marriage

Book 35 · Issue 2 · Bab 1

Open in Qurani

Primary text

A report from Ahmad suggests that the governor in a district lacking a judge may conduct the marriage if he ensures the dowry and the choice of spouse are appropriate. This is due to the governor possessing general authority (sultan).

Supporting text

A contrasting view suggests the governor possesses no such independent authority in marriage matters, reserving that function exclusively for the judge.