What are the necessary conditions for establishing the guardianship (Wilayah) for marriage?
General Chapter
Al-Mughni
Book of Marriage
Primary text
Six conditions are considered essential for the establishment of guardianship: sanity (Aql), freedom (Hurriyah), Islam, masculinity (Dhukooriyah), maturity (Bulugh), and justice (Adalah). Sanity is universally agreed upon, as the guardian acts based on the perceived inability of the ward to look after their own interests. A person lacking sanity, whether due to childhood, insanity, or senility leading to mental decline (Ifand), cannot exercise guardianship over themselves, thus the right passes to others. Insanity that occurs intermittently does not remove guardianship, similar to temporary unconsciousness (Ighma').
Supporting text
Temporary unconsciousness (Ighma') does not remove guardianship because it ceases quickly, being comparable to sleep, and thus does not establish guardianship over the unconscious person; this is permissible even for prophets. A senile person whose strength has diminished to the point where they cannot discern their own interests lacks the power of guardianship according to Al-Qadi.