Is a marriage contracted by a non-Muslim guardian (Dhimmi) for his Muslim female ward valid when marrying her to a Muslim man?
General Chapter
Al-Mughni
Book of Marriage
Primary text
The marriage is valid when contracted by the non-Muslim guardian (Kafir) of a Dhimmi woman marrying her to a Muslim man. This view is held by Abu al-Khattab, Abu Hanifa, and Shafi'i. The evidence is that the guardian possesses the authority to contract the marriage for her, just as he could marry her to another non-Muslim. Furthermore, she possesses a suitable guardian, so no other person may act as her guardian, similar to when a Dhimmi marries her.
Supporting text
Al-Qadi holds that only the judge (Hakim) may contract this marriage because Ahmad stated that neither a Jew nor a Christian may contract a marriage bond for a Muslim man or woman. The reasoning is that this contract requires Muslim witnesses, and thus, a Kafir's guardianship is invalid, similar to the marriage of Muslims.