marrying her to someone who is not her equal. There is also a narration that it is permissible. We will mention that, if Allah the Almighty wills.

1113 - Issue; He said: (A disbeliever shall not marry off a Muslim woman under any circumstances, nor shall a Muslim [marry off] a disbeliever, unless the Muslim is the Sultan or the master of a slave woman.)

As for the disbeliever, he has no guardianship over a Muslim woman under any circumstances, by the consensus of the people of knowledge, among them: Malik, al-Shafi'i, Abu 'Ubayd, and the jurists (Ashab al-Ra'y). Ibn al-Mundhir said: All the people of knowledge from whom we have memorized have reached a consensus on this. Abu al-Khattab said regarding a dhimmi (protected non-Muslim): If his umm walad (mother of his child) becomes Muslim, does he have the right to conduct her marriage? There are two perspectives: One is that he has the right to do so, because she is his property, so he manages her marriage like a Muslim, and because it is a contract over her, so he manages it like her hiring. The second is that he does not have the right to do so, due to the saying of Allah the Almighty: {The believing men and believing women are allies of one another} [9:71]. And because she is a Muslim, he does not have the right to manage her marriage, just like his daughter. Based on this, the ruler (hakim) shall marry her off. This is more appropriate, due to the consensus we mentioned. As for the Muslim, he has no guardianship over a disbelieving woman, except for the master, the Sultan, and the guardian of the master of the disbelieving slave woman; this is due to the saying of Allah the Almighty: {And those who disbelieve are allies of one another} [8:73]. And because those of different religions do not inherit from one another, nor does one pay blood money (aqila) for the other, so he does not have guardianship over her, just as if one of them were a slave. As for the master of a disbelieving slave woman, he has the right to marry her off to a disbeliever, because she is not permissible for Muslims. Likewise, the guardian of the master of a disbelieving slave woman manages her marriage to a disbeliever, because it is guardianship by right of ownership, so the fact that the master of the slave woman is a Muslim does not prevent it, like other forms of guardianship, and because she requires being married off, and she has no guardian other than her master. As for the Sultan, he has guardianship over a woman of the dhimmi (protected) people who has no guardian, because his guardianship is general over the people of the Abode of Islam, and she is among the people of the abode, so guardianship over her is established for him, like a Muslim woman. As for the disbeliever, guardianship over the people of his own religion is established for him according to what we mentioned regarding the Muslims, and the conditions considered for Muslims are considered for them, and two perspectives are derived regarding the consideration of his uprightness (adalah) in his religion, based on the two narrations regarding its consideration among Muslims.

Section: If a Muslim marries a dhimmi woman, her disbelieving guardian marries her to him. Abu al-Khattab mentioned this. It is the opinion of Abu Hanifa and al-Shafi'i; because he is her guardian, his marriage of her is valid, just as if he had married her to a disbeliever. And because this is a woman who has a suitable guardian, it is not permissible for anyone else to manage her marriage, just as if a dhimmi man married her. The Qadi said: No one should marry her off except the ruler; because Ahmad said: A Jew or a Christian shall not conclude a marriage contract for a Muslim man or a Muslim woman. The reasoning for this is that it is a contract that requires the testimony of two Muslim men, so it is not valid under the guardianship of a disbeliever, like the marriage of Muslims. The first [opinion] is more correct, and witnesses are intended for establishing the marriage before the ruler, unlike guardianship.

1114 - Issue; He said: (If she is married off by someone other than him who is more entitled than him, while he is present and has not prevented her, the marriage is invalid.)

This issue comprises three rulings: One of them is that if the more distant guardian marries her off while the closer guardian is present, and she responded to him to marry her off without the permission of [the closer guardian], it is not valid. This is the opinion of al-Shafi'i. Malik said: It is valid; because this is a guardian, so it is valid for him to marry her off with her permission, just like the closer one.