they believe in a prophet and acknowledge a revealed book; but if they worship the stars and possess no scripture, it is not lawful to marry them.
A man or woman who is in iḥrām may lawfully contract a marriage while still in that consecrated state.
According to Abū Ḥanīfa, the marriage of a free, adult, sane woman is concluded by her own consent even if no guardian acts for her, whether she is a virgin or previously married. Abū Yūsuf and Muḥammad, however, maintain that it is valid only with a guardian.
A guardian may not compel an adult virgin to marry. If, when asked for permission, she remains silent, laughs, or weeps, that counts as consent; but if she objects, he must not marry her off. When a previously married woman is consulted, verbal approval is indispensable. Should her hymen be lost through a fall, menstruation, or injury, she is still treated as a virgin; if it is lost through fornication, she likewise remains in the ruling of virgins according to Abū Ḥanīfa.
If the husband says, “The marriage terms reached you and you kept silent,” and she replies, “On the contrary, I rejected them,” her statement is accepted. She is not required to swear an oath, for no oaths are administered in matrimonial matters according to Abū Ḥanīfa, whereas Abū Yūsuf and Muḥammad would have her sworn.
A marriage contract may be concluded with any of the expressions: nikāḥ, tazwīj, tamlīk, hiba, or ṣadaqa; it is not effected by the terms ijāra (hire) or ibāḥa (permission to use).
It is permissible for minors to be married off by their guardian, whether the girl is a virgin or previously married. The guardian is the agnatic kin. If the father or grandfather arranged the match, the children have no option to annul after puberty; but if the marriage was concluded by anyone other than the father or grandfather, each of them may, on reaching majority, either confirm the marriage or dissolve it.
A slave, a minor, an insane person, or a non-Muslim cannot act as guardian for a Muslim woman.
Abū Ḥanīfa further permits marriage to be effected by relatives who are not agnates.
Where a woman has no guardian, her manumitter may validly arrange her marriage. If the nearer guardian is absent on a journey, a more remote relative may act in his stead.
A “discontinuous absence” is to be in a land to which caravans come no more than once a year.
Suitability (kafāʾa) is taken into account in marriage; if a woman marries beneath her social standing, her guardians may seek to have the couple separated. Suitability is assessed with respect to lineage and religion.