What is the ruling according to Al-Shafi'i regarding the paternal cousin (Ibn al-`Amm) or the master (Mawla)?
General Chapter
Al-Mughni
Book of Marriage
Primary text
Al-Shafi'i holds that only the judge (Hakim) may marry them off. It is not permissible for the guardian to conclude both sides of the contract, nor is it permissible for him to appoint an agent to marry her to him, because his agent is considered in his position. This is a contract of ownership granted by permission, so he cannot handle both sides, similar to a sale. Furthermore, it is not permissible for someone further removed in kinship than the primary guardian to conduct the marriage in the presence of the primary guardian because those further removed have no guardianship when the primary guardian is present. Evidence for permissibility is drawn from the actions of the Companions, where no opposing view is known, and because his agent may conduct a marriage for someone else, it is valid for him to conduct the marriage for himself, provided she is permissible for him, analogous to the Imam marrying off his ward.
Supporting text
The ruling is also supported by the fact that she is a woman with an available, non-obstructive guardian present, meaning the judge does not have authority over her marriage, similar to when the guardian wishes to marry her to another man. The understanding from the Prophet's saying, 'The Sultan is the guardian of one who has no guardian,' implies that the Sultan has no authority over this woman.