as though the first husband had neither died nor divorced her, according to Ibn al-Qāsim’s position. If, however, the second husband contracted and consummated the marriage after the first husband’s death or divorce, then, in the case of death, he has married a woman during her waiting period: his marriage is annulled, and she inherits from her first husband. In the case of divorce, his marriage is valid, since she was not observing a waiting period. Ibn al-Mājishūn said: If her father was the one who married her to the second husband after the first husband divorced her, the marriage is not annulled, even if it has not been consummated. If, however, the agent married her off, the marriage is annulled unless it has been consummated. The reasoning behind his position is that the father retains authority to contract her marriage, whereas the agent’s authority ends when the father marries her off first.

If the second husband contracted the marriage before the first husband’s death or divorce but consummated it afterward, Muhammad ibn al-Mawwāz reported that this is treated like a marriage contracted and consummated before the death or divorce: the couple remain married, she does not inherit from the first husband, and she owes no waiting period on his account. The correct position, however, is that, in the case of death, the second husband has married a woman during her waiting period. This is comparable to the wife of a missing man who remarries after a term has been fixed for her and her waiting period has elapsed, and whose new husband consummates the marriage. It then becomes apparent that she contracted the marriage before the missing husband’s death but consummated it afterward, during her waiting period. The second husband is thus considered to have married a woman during her waiting period. There is no difference between the two cases. And Allah grants success.

Section

Free women fall into two categories with regard to marriage: virgins and non-virgins. A virgin either has a father, has a testamentary guardian, or has neither but has another guardian.

Where she has a father, he may marry her off without her authorization, whether she is a minor or an adult, so long as she has not passed the usual age of marriage, even for less than her customary dower. If he marries her off without specifying a dower, he may subsequently agree with her husband upon less than her customary dower. That agreement is valid and binding upon her, and the agreed amount becomes her dower. If the husband assigns her a dower equal to or greater than her customary dower, but her father refuses to accept it, the judge shall rule in the husband’s favor against the father. That amount becomes her dower, half of which is due upon divorce and all of which is due upon death or consummation.

There is disagreement concerning a woman who has passed the usual age of marriage. One view is that this has no legal effect; another is that it releases her from her father’s guardianship. According to the latter view, he may marry her off only with her consent, and acceptance of the dower, whether small or large, rests with her rather than her father. Her silence counts as consent to the marriage alone, just as when her father has declared her legally competent.

Where she has a testamentary guardian, he may under no circumstances marry her off before puberty, nor may he marry her off after puberty for less than her customary dower, even if she consents. Once she reaches puberty, he may marry her off with her consent, whether or not she has passed the usual age of marriage, and her consent is