drinks wine, kills unjustly, and gambles, should we say that his guardianship over the Muslims is forfeited? It is not forfeited. He remains their ruler, no matter what acts of immorality he commits, unless we see in him clear disbelief, for which we possess proof from Allah.
Likewise, a master may marry off his slave woman even if he is immoral, because she is his property. However, his immorality must not compromise the woman’s welfare; if it does, then he may not do so. He must fear Allah, Exalted is He. If it becomes known that he has not feared Allah in this matter, she has the right to press her claim against him or to refuse, and she may not be compelled.
“A woman may not marry herself or another woman off. The woman’s father takes precedence in arranging her marriage, ………”
The author’s statement, “A woman may not marry herself off,” is clear: if a guardian is stipulated, she may not marry herself off, even if her guardian gives her permission. Rather, her guardian himself must undertake the marriage contract. As for the Prophet’s statement, peace and blessings be upon him, “A previously married woman has more right concerning herself” (1), what is meant is her consent to the marriage, not that she may marry herself off.
The apparent meaning of the author’s words is that a woman may not marry herself off even in cases of necessity—for example, if she is in a country where she has no guardian and no Muslim ruler. Rather, she should be married off by whoever holds authority in her locality, even if he is merely the head of an Islamic community, such as the administrations of Islamic associations in America and elsewhere.
But if there is no one—for instance, if a man and a woman flee their countries, and while travelling the man says, “I cannot remain patient without a woman”—then would he