He replied:

“If the judge gives her in marriage in his capacity as her guardian, she is free of any impediments to marriage under Islamic law, and she has no guardian with a stronger claim than the judge, the marriage is valid. Even if the judge supposes that she is a freedwoman when she is actually freeborn, this supposition does not impair the marriage’s validity. This is clear according to al-Shāfiʿī’s principle, since, in his view, the husband cannot act as her guardian.

“As for those who hold that a freedwoman’s husband who freed her may be her guardian, with the judge acting as his deputy: if the judge gives her in marriage in this delegated capacity, and acceptance of the marriage does not come from her side but rests on her being freeborn, then this requires further consideration. Allah knows best.”

He—may Allah have mercy on him—was asked:

“Concerning Bedouins dwelling by the sea and people of the desert who have no judge among them or nearby, and whose custom is to conclude marriages only before the imams of the surrounding villages: are marriages conducted for them by these village imams valid in all cases, whether the woman has a guardian or not? Some of these imams may have no authorization from a governing official. Are the marriages they conduct valid under Islamic law when witnessed by whichever Muslims happen to be present? Do the imams incur any sin if there is no impediment to the marriage other than this circumstance—namely, that the judge has not authorized the imam to conduct it?”

He replied:

“Praise be to Allah. As for a woman who has a guardian through kinship—that is, an agnatic relative—or through the bond of manumission, such as her father, grandfather, brother, paternal uncle, brother’s son, paternal uncle’s son, father’s paternal uncle, or father’s paternal uncle’s son; or, if she is a freedwoman, the person who freed her or his agnatic relatives: her guardian gives her in marriage with her permission. According to the majority of scholars, her son may also be her guardian. By agreement of the scholars, this does not require a judge.