Section: According to this view, it is permissible to bequeath the right of marriage guardianship by every person who possesses guardianship, whether they have the right of compulsion (ijbar) like a father, or do not have it like others. The executor of every guardian stands in his place. If the guardian possesses the right of compulsion, then his executor does as well. If he requires her permission, his executor does likewise, for he stands in his place and is thus like an agent. Malik said: If the father specifies the husband, the executor has the right to compel her, whether she is a minor or an adult. If he does not specify the husband and his daughter is an adult, the will is valid, and her permission is considered. If she is a minor, we wait until she reaches puberty, and when she grants permission, it is permissible for him to marry her off with her consent. Our view is that whoever possesses the right to marry her off when the husband is specified also possesses that right when it is left absolute, like an agent. Whenever the father's executor marries off a minor and she reaches puberty, she has no right of option, because the executor stands in the place of the testator, so no right of option is established in his marriage contract, like an agent.

1109 - Issue: He said: "And when the closest of her agnatic relatives is a child, a disbeliever, or a slave, the more distant of her agnatic relatives marries her off."

In summary, guardianship is not established for a child, a slave, or a disbeliever over a Muslim woman under any circumstances. Therefore, their existence is as though they were non-existent, and the guardianship is established for the one who is more distant than them, just as if they had died. Six conditions are considered for the establishment of guardianship for the one we have named: sanity, freedom, Islam, being male, reaching puberty, and probity (adala), with some differences of opinion that we shall mention. As for sanity, there is no disagreement regarding its requirement; because guardianship is only established for the benefit of the ward when they are incapable of acting in their own interest, and one who lacks sanity cannot look after his own interests, nor