If the nearer guardian obstructs (Adhl) a woman from marrying her suitable suitor, to whom does the guardianship transfer?
General Chapter
Al-Mughni
Book of Marriage
Primary text
If the nearer guardian obstructs the woman from marrying a suitable suitor when she desires it and both parties agree, the guardianship transfers to the farther guardian. This is explicitly stated by Ahmad. Furthermore, if all guardians obstruct, the Sultan acts as the guardian. The Prophet's saying, "If they dispute, then the Sultan is the guardian of one who has no guardian," is evidence for this, as it can be understood to apply when all guardians obstruct, given the plural form in the command.
Supporting text
Another narration from Ahmad suggests that guardianship transfers to the Sultan, which is the choice of Abu Bakr and narrated from Uthman ibn Affan, and held by Shafi'i, based on the Hadith concerning dispute, as obstruction is a refusal to fulfill a duty, leading the judge to take the place of the obstructer, similar to debt default.