He must also meet the following conditions: freedom; full legal competence; maleness; sound judgment; that he share the woman’s religion—an exception being made for a master or the ruling authority—and moral probity. If two guardians are equal in rank, preference goes to the one whose permission she has sought; failing that, the matter is decided by drawing lots.

If the nearest agnate obstructs the marriage, is unqualified, or is absent on a journey of uncertain return, the next more remote agnate may act as guardian. Yet if a more distant relative (1) or a stranger performs the marriage without such an excuse, it is invalid.

Fourth: testimony. The contract is valid only in the presence of two upright men—upright at least outwardly—who are legally responsible, able to hear, and able to speak.

Fifth: the absence of legal impediments.

Suitability (kafāʾa) is not a condition for the validity of the contract; therefore, the marriage stands even if she is married to someone who is not her equal. Nonetheless, any woman concerned, or any agnate relative, may seek annulment if dissatisfied, no matter how remote the relation.

Suitability comprises: religion, lineage, freedom, a respectable occupation, and sufficient wealth to provide her lawful rights.

Chapter: Women Permanently Forbidden in Marriage

Permanently forbidden are: the mother and grandmother, however high; the daughter and the granddaughter, however low, whether the relationship arose from a lawful or an illicit union; the sister, her daughter, and her granddaughter, however low; the daughter of any brother and the daughter of his son, however low; and the paternal and maternal aunts, however high, absolutely.

Whatever is forbidden through suckling is the same as what is forbidden through blood relations, except for the mother of one’s brother and the sister of one’s son. (2)

Forbidden through affinity are: the wife of one’s father or grandfather, however high, and the wife of one’s son or grandson, however low,