Can a non-Muslim have guardianship over a Muslim female for marriage?
General Chapter
Al-Mughni
Book of Marriage
Primary text
A non-Muslim, whether a ruler or a master of a female slave, has absolutely no authority ('wilayah') over a Muslim female in marriage matters. This is established by the consensus ('ijma') of scholars, including Malik, Al-Shafi'i, Abu Ubayd, and the companions of Al-Ra'y (Abu Hanifa's school). Ibn Al-Mundhir confirms that all known scholars agree on this point.
Supporting text
Regarding a non-Muslim master ('dhimmi') whose female slave embraces Islam, there are two views on whether the master retains guardianship over her marriage: one view holds he retains it due to ownership, similar to his rights over a Muslim slave; the other view denies it based on the verse {The believers, men and women, are allies of one another} (Quran 9:71) and the principle that guardianship does not cross religious lines, requiring the ruler ('hakim') to marry her off. The latter view is considered stronger due to the established consensus.