The correct view, however, is that this is not a condition, because this is neither property nor a financial transaction such that we might say that a slave owns nothing. Rather, it is a guardianship. He is her father, and it is well known that a father’s concern for his daughter’s welfare is greater than that of her paternal uncle, her brother, the ruler, or anyone similar. So how can guardianship be taken away from him despite his being her father and possessing sound judgment, intellect, and religious commitment?!

Strangely, they—may Allah have mercy on them—held that a mukātab may validly serve as a guardian and marry off his daughter, because the means of freedom have been established for the mukātab. Although he remains a slave so long as even one dirham is still due from him, he may marry off his daughters. It should therefore be said: he is a slave; so if he may marry off his daughters, then one who is not a mukātab may likewise marry off his daughters. This is the stronger view. Thus, if a guardian is a slave, he may marry her off. Does this marriage infringe upon his master’s rights? It does not. There is no harm to his master in his exercising marital guardianship, provided that he possesses sound judgment, intellect, religious commitment, and understanding. A slave may be among the most knowledgeable people concerning the circumstances of others. The purpose of guardianship is for the woman to be married to a suitable match; so how can the judge marry her off while her father is present?!

The fourth is his statement: “sound judgment in contracting marriage.” Sound judgment in contracting marriage is likewise required. This is among the most important conditions: the guardian must possess sound judgment. Sound judgment differs according to the matter in question. In the case of marriage contracts, it means being well acquainted with the rulings governing the marriage contract and with suitable matches. He must not be among those who are naïve and ignorant; rather, he must know suitable matches and the interests served by marriage. In reality, this is the very point of guardianship: that the woman’s interests not be neglected. If he lacks sound judgment, has no concern for the girl’s welfare, and cares only about money, then someone may come to him and say, “I will give you one million riyals; marry me to—”