The Sultan's authority to contract marriage for a woman.

General Chapter

Al-Mughni

Book of Marriage

Book 35 · Issue 4 · Bab 1

Open in Qurani

Primary text

The Sultan (ruler) possesses the authority to contract marriage for a woman in the absence of her guardians or if they unjustly refuse ('Adl). This opinion is held by Malik, Al-Shafi'i, Ishaq, Abu Ubayd, and the People of Opinion (Ashab al-Ra'y). The basis for this is the Prophet's saying, 'The Sultan is the guardian for one who has no guardian.' Furthermore, the Prophet (peace be upon him) married Umm Habiba to the Negus (Al-Najashi), as narrated by Abu Dawud. The Sultan holds general authority, demonstrated by his guardianship over property and stray animals, which necessitates his authority in marriage, similar to the father.