He replied:
“If her brother was not wrongfully preventing her from marrying and was qualified to act as her guardian, her marriage without his permission is invalid in these circumstances. And Allah knows best.”
He—may Allah Most High have mercy on him—was asked:
“A man married an adult woman whose paternal grandfather gave her in marriage, although he had not declared her to be of sound judgment and had received no testamentary appointment from her father. As her grandfather’s death approached, he appointed an unrelated man as her guardian in his will. Does the grandfather retain guardianship over the wife after her husband has consummated the marriage? And may he appoint a testamentary guardian for her?”
He replied:
“If she is of sound judgment, neither her grandfather nor anyone else has guardianship over her, by agreement of the imams. If, however, she is someone who warrants legal interdiction, the scholars hold two views:
“The first is that the grandfather has guardianship over her. This is the position of Abū Hanīfah.
“The second is that he has no guardianship over her. This is the position of Mālik and the well-known position reported from Ahmad.
“If a young woman has married, a year has passed, and her husband has had a child by her, it is possible for her to be of sound judgment, by agreement of the scholars.”
He was asked:
“A man bribed a woman’s guardian to give her to him in marriage. The guardian did so, and he then reached a settlement with the owner of the money concerning it. Does the woman bear any liability for this?”
He replied:
“He has sinned by what he did. The marriage, however, is valid, and the woman bears no liability for any of this.”