This would not be a proof, because reliable narrators have conveyed it from him, so if Al-Zuhri forgot it, it does not harm him, for no human is protected from forgetfulness. The Prophet (peace and blessings of Allah be upon him) said: 'Adam forgot, so his offspring forgot.' Furthermore, she is a person under guardianship in marriage, so she does not act as a guardian, just like a minor. As for the verse, the 'preventing' (adl) refers to refraining from marrying them off, which indicates that the authority for her marriage rests with the guardian. This is further evidenced by the fact that it was revealed concerning Ma'qil ibn Yasar when he refused to marry off his sister, so the Prophet (peace and blessings of Allah be upon him) summoned him, and he married her off. He attributed the marriage to them because they are the subject of it. Once this is established, it is not permissible for her to marry anyone off. It is narrated from Ahmad that she may marry off her slave girl. This indicates the validity of her expression in marriage, and thus it can be inferred that she has the right to marry herself off with the permission of her guardian, and to marry off others by agency. This is the school of Muhammad ibn al-Hasan. It is appropriate that this be a position held by Ibn Sirin and those with him, due to the saying of the Prophet (peace and blessings of Allah be upon him): 'Any woman who marries herself off without the permission of her guardian, her marriage is void.' Its implication is its validity with his permission. Furthermore, the woman was only prevented from acting independently in marriage due to the deficiency of her intellect, so one cannot be certain that she will not be deceived and that it may occur on her part in a way that leads to corruption; this is not a concern when her guardian has given permission for it. The correct view, however, is the first one, due to the generality of his saying: 'There is no marriage except with a guardian.' This takes precedence over the argument of implication (dalil al-khitab), and the specification here was made in the context of the prevalent case, for it is prevalent that she does not marry herself off except without the permission of her guardian. The rationale for preventing her is to protect her from engaging in what suggests indecency, impulsiveness, and an inclination toward men, which contradicts the state of those of modesty and chivalry. And Allah knows best.

Section: If a judge rules on the validity of this contract, or if the one officiating the contract was a judge, it is not permissible to annul it. The same applies to all other invalid marriages. The Qadi (judge) deduced in this, as a specific opinion, that it may be annulled, which is the opinion of Al-Istakhri from the Shafi'i school, because it violates a text. The first opinion is more appropriate, because it is an issue in which there is disagreement and in which ijtihad (legal reasoning) is permissible, so it is not lawful to annul the ruling, just as if he had ruled for the right of pre-emption (shuf'a) for a neighbor. This text is subject to interpretation and there is discourse regarding its authenticity, and it has been opposed by apparent proofs.