takes precedence over her maternal half-brother—indeed, over her maternal grandfather. Thus, even if this woman has a maternal grandfather who has cared for her since childhood and stands in the place of a father to her, if she receives a marriage proposal, he does not conduct her marriage contract. Rather, the authorized marriage officiant conducts it. This may seem unusual to ordinary people, but there is nothing strange in the Sacred Law.

This is like the issue they find strange of a man who dies leaving behind his full nephew and his full niece: who receives the agnatic share? The full nephew. They find this strange and say, “Their sisters do not inherit alongside them?!” We say: Yes, because the daughters of a brother have no agnatic entitlement.

His statement, “the ruler”: if we suppose that we are in a non-Muslim land where the ruler has no authority of guardianship, then we say: if the ruler is not qualified to exercise guardianship, the one who holds leadership in that Muslim community is the one who conducts the marriage contract, because he possesses authority in his own locality.

“If the nearest guardian prevents her marriage, or is not qualified, or has gone away for an absence from which he cannot be reached except with expense and hardship, then the more distant guardian conducts the marriage.”

His statement, “If the nearest guardian prevents her marriage”: the author used the expression “prevents her marriage” because it corresponds to what is stated in the Quran: “Do not prevent them from marrying their husbands.” [al-Baqarah 2:232]

Preventing her marriage means refusing a suitable man whom she accepts—that is, a man suitable in his religion, character, and financial means—when he proposes to the woman through her father or her brother, and she accepts him, but her guardian refuses. The author says, “the more distant guardian conducts the marriage.” Thus, her brother, her paternal uncle, or, for example, her nephew conducts her marriage, because the nearer guardian has no right to prevent it. He is a guardian obliged to do what is in the best interest of the woman under his guardianship; if he does not do so, the right passes to someone else.

But the problem is that people do not dare to apply this ruling. Thus, you find a father refusing to marry off his daughter because the suitor has not given him what