Priority in contracting a woman’s marriage is as follows: her father comes first, then the guardian he expressly appointed for that purpose, then her paternal grandfather—however high—then her son, followed by his male descendants however low. Next is her brother, first the full brother and then the paternal brother, followed by their male descendants in the same order; after them her paternal uncle, first the full then the paternal, followed by their male descendants in the same way. Thereafter come the nearest agnate relatives by lineage1 according to the rules of inheritance, then the emancipating patron (mawlā al-muʿnim), then that patron’s closest agnates by lineage—then by walāʾ—and finally the ruler.

If the nearer guardian refuses without right, is unqualified, or is so far away that contact with him would entail undue hardship and expense, the next guardian in line may conclude the marriage. But if a more remote guardian or a stranger officiates without such an excuse, the contract is invalid.

Section
Fourth: Testimony. The marriage is valid only with two upright, adult, male witnesses who are able to hear and speak.

Suitability (kafāʾa)—defined as parity in religion and in social standing (lineage and freedom)—is not a pre-condition for the contract’s validity. Thus, if a father marries a chaste daughter to an immoral man, or an Arab woman to a non-Arab, the wife herself or any dissatisfied guardian has the right to annul the marriage2.