Some scholars have said that she may marry herself with her guardian’s permission. For example, if she receives a proposal and agrees to it, she may say to her guardian: “So-and-so has proposed to me, and I wish to marry him and will conclude the marriage contract for myself.” If he gives her permission, she may then marry herself.

However, the correct view is likewise contrary to this: there must be a guardian who personally concludes the marriage contract. This is what is established in the sunnah of the Messenger, peace and blessings be upon him: no woman may be married except through a guardian. Even Umm Salamah, may Allah be pleased with her, when the Prophet, peace and blessings be upon him, wished to marry her, instructed her son Umar to marry her to the Prophet, peace and blessings be upon him. She said: “Get up, Umar, and marry me to the Messenger of Allah” (1). This is despite the fact that the scholars have listed among his special prerogatives in marriage that he may marry without a guardian, since he has more authority over the believers than they have over themselves.

Its conditions are: legal competence, male sex, freedom, and sound judgment in concluding the marriage contract.

His statement, “Its conditions,” means the conditions of the guardian.

The first is his statement, “legal competence”: he must have reached puberty and be of sound mind. One who has not reached puberty cannot conclude a marriage contract for another, nor can an insane person conclude one for another, for both are themselves in need of a guardian; so how could they be guardians for others?

As for the insane person, the matter is very clear: he cannot possibly conduct a marriage. As for a minor, some scholars held that an adolescent who has not reached puberty, but is close to it and can distinguish matters and recognize a suitable match, may conduct a marriage. However, the established school’s position is otherwise: he must have reached puberty, even if