The Messenger of Allah, peace and blessings of Allah be upon him, said: "There is no marriage except with a guiding guardian and two upright witnesses." (23) Furthermore, because it is a guardianship based on discernment, the immoral person (fasiq) cannot independently exercise it, like the guardianship over property. The other narration states that it is not a condition. Muthanna ibn Jami' reported that he asked Ahmad: If one is married through an immoral guardian and witnesses who are not upright? He did not consider that any part of the marriage becomes invalid, and this is the apparent meaning of al-Khiraqi's words, for he mentioned the child, the slave, and the disbeliever, but did not mention the immoral person. This is the view of Malik, Abu Hanifah, and one of the two opinions of al-Shafi'i, because he acts as a guardian for his own marriage, so guardianship is established for him over others, just like the upright person. Moreover, the cause of guardianship is kinship, and its condition is discernment, and this [person] is a relative with discernment, so he may act as guardian, like the upright person.

Section: It is not a condition that he be sighted, because Shu'ayb, peace be upon him, married off his daughter while he was blind, and because the intended purpose in marriage is known through hearing and widespread report, so it does not require sight. It is not a condition that he be able to speak; rather, it is permissible for a mute person to act as guardian if his gestures are understood, because his gesture takes the place of his speech in all other contracts and rulings, and thus it is the same in marriage.

Section: Whoever is not established to have guardianship, his appointment as an agent (tawkil) is not valid, because his agent is a deputy for him and stands in his place. If a guardian appoints him as an agent to marry off the one under his guardianship, it is not permissible, because it is a guardianship and he is not of those qualified for it. Since he does not possess the right to marry off his own relative through the guardianship of kinship, then he certainly does not possess the right to marry off the relative of another through appointment. It is possible that the appointment of a slave, an immoral person, or a discerning child to perform the contract is valid;