The consent of a previously-married woman is expressed verbally, whereas the consent of a virgin is her silence. When seeking her permission, it is a prerequisite that the prospective husband be named to her1 in a manner that leaves no doubt as to his identity. A master—even if he is openly impious—may compel his male slave who has not yet reached legal competence, and his female slave even if she is legally competent, to marry.

Third: the guardian (wali). For a guardian to be valid he must be male, sane, of age, free, share the bride’s religion, possess uprightness2—outwardly at the very least—and have maturity of judgment, meaning that he understands who is a suitable match and what serves the interests of marriage.

The person with the strongest claim to contract the marriage of a free woman is her father, no matter how far up the lineage; then her son, no matter how far down; then the full brother, followed by the paternal half-brother, and thereafter the next of kin in order of inheritance. If none of these are available, the ruler or his deputy acts in their stead. Should they too be absent, the woman may be married off by whoever holds authority in the locality; if even that is impossible, she appoints an agent to conduct the marriage for her.

If the judge—or a more distant guardian—marries her off without a valid excuse for bypassing the nearer guardian, the contract is invalid.

Valid excuses include: the guardian’s being more than the travel distance that permits shortening the prayer away; uncertainty about the distance involved; ignorance of his exact whereabouts even though he is nearby; or his preventing a woman who has reached nine years of age from marrying an eligible suitor whom she approves4.

Section

The agent appointed by the guardian stands in his place, and the guardian may delegate an agent without first obtaining the bride’s permission. However, in the case of a woman who may not be compelled, the agent must secure her consent after he has been delegated.