The agent of the guardian must satisfy the same qualifications required of the guardian himself, and it is permissible to appoint an openly impious person as the agent for acceptance.

Agency may be conferred in unrestricted terms—such as, “Marry her to whomever you wish,” which in practice remains conditioned by suitability—or in restricted terms, as in, “Marry her to Zayd.”

The guardian or his agent must declare, “I have married so-and-so woman to so-and-so man,” or, “to the benefit of so-and-so,” and the groom’s agent must reply, “I accept her on behalf of my principal, so-and-so.”1

A testamentary guardian appointed for marriage has the same standing as the original guardian; he may therefore compel for marriage those whom the guardian himself could compel, whether male or female.

If two or more guardians share the same rank, the marriage is valid if contracted by any one of them, provided the woman has authorized all of them. If she authorizes only one, that guardian becomes exclusively entitled to act and a contract concluded by anyone else is invalid.

When, in the presence of two witnesses, a man marries his minor male slave to his female slave, or marries his son to—for example—his brother’s daughter, or when the groom appoints the guardian as his agent, or the reverse, or both parties appoint a single individual as agent, it is permissible for that one person to represent both sides of the contract. It suffices for him to say, “I have married so-and-so man to so-and-so woman,” or, if he himself is the groom, “I have taken her in marriage.”

If a man says to his slave-girl, “I set you free and make your emancipation your dowry,” she is freed and, provided the conditions of marriage are met, becomes his wife.2

Fourth: testimony. The contract is not concluded without the testimony of two legally responsible Muslim men, even if they are slaves, who are able to speak and to hear, are outwardly upright3, and are not among the principal parties to the contract.4