The basis for this is the saying of the Prophet (peace be upon him): "The Sultan is the guardian of the one who has no guardian." Abu Dawud reported with his chain of narration from Umm Habiba that the Negus married her to the Messenger of Allah (peace be upon him), and she was under his authority. Furthermore, the Sultan possesses general authority, evidenced by the fact that he manages property and safeguards lost items; therefore, he has authority in marriage just like a father.

Section: The Sultan here is the Imam, the ruler, or whoever they have delegated that authority to. There are differing narrations from Ahmad regarding the governor of a town. He said in one place: "The governor of the town may perform the marriage." He also said regarding a district (rustaq) where there is a governor but no judge: "He may perform the marriage if he acts cautiously for her regarding the dowry and the compatibility (kufu'). I hope there is no harm in this, because he possesses authority, so he falls under the generality of the hadith." In another place, he said regarding a woman who has no guardian: "The Sultan is the one empowered over the matter; the judge adjudicates in matters of private parts (sexual relations), hadd punishments, and stoning. The chief of police is only empowered regarding disciplinary action and tax collection." He said: "What does the governor have to do with this! It belongs only to the judge." The Qadi interpreted the first narration to mean that the governor was authorized by him to perform the marriage. It is also possible that he granted him that power when there is no judge in his area of jurisdiction, as if he had delegated to him the oversight of matters needed within his jurisdiction, and this is one of them.

Section: If the rebels (ahl al-baghy) seize a city, the ruling of their Sultan and their judge follows the same rule as the Imam and his judge; for it is treated the same in terms of receiving charities (sadaqat), jizya, land tax (kharaj), and judicial rulings, and thus it is the same in this matter.

Section: There is a difference of opinion in the narration regarding a woman who accepts Islam at the hand of a man. In one place, he said: "He is not her guardian, and he does not marry her off until the Sultan comes; for he is not among her agnates, he does not pay blood money on her behalf, nor does he inherit from her, so he resembles a stranger."