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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 9 · Page 371

Translation · EN

the permissible, and the potential risk is outweighed by the benefits it contains in terms of obtaining her dowry, her offspring, providing for her maintenance, and protecting her from adultery, which would necessitate a legal punishment (hadd) in her regard and the depletion of her value. That which is outweighed is as if it were non-existent. If her guardian regarding her wealth is someone other than the guardian for her marriage, then the guardianship for her marriage belongs to the guardian of her wealth, not the guardian of the marriage, because he is the one who manages the wealth, and she is wealth.

The second narration is that it is permissible for the woman to appoint a man to manage the affairs of her slave woman and marry her off. A group reported this from Ahmad, because the cause for guardianship is ownership, and it is realized in the woman. The ability to perform it was denied due to the deficiency of femininity, so she possesses the power to appoint an agent, like a sick or absent man. It was reported from Ahmad a statement that potentially indicates a third narration, which is that her mistress marries her off. For it was said to him: 'Does she marry off her slave woman?' He replied: 'It has been said that; she is her property.' This potentially implies that he adopted this view. This is the opinion of Abu Hanifa, because she is her owner, and her guardianship over her is complete, so she possesses the power to marry her off, like a male master. Also, because she possesses the power to sell her and lease her out, she possesses the power to marry her off, like her master. Furthermore, because guardianship is only established over a woman to provide for her needs and to preserve the interests of the guardians in providing for her, so guardianship is not established over her regarding her slave woman, due to the lack of consideration for maintenance and the lack of rights for the guardians over her.

It is possible that Ahmad said this as a narration of the school of someone else, for he said in that same context: 'It is more beloved to me that she instructs [someone to marry her off]; because women do not conduct the contract.' We have already mentioned in the report of Abu Hurayrah, from the Prophet (peace and blessings of Allah be upon him), that he said: 'A woman shall not marry off [another] woman.' And 'Aisha, may Allah be pleased with her, said: 'Marry them off, for women do not marry off, and conduct the contract, for women do not conduct the contract.' This is because if a woman does not possess the authority to marry herself off, then she is even less authorized to do so for others.

Notes

(4) In A, M: "al-haz" (advantage). (5) In A, M: "lima" (because of). (6) In M: "wa-ba'd" (and some). (7) In A, M, an addition: "fi" (in). (8) Al-Munashazah: A reciprocal form derived from al-nushuz, which means refusal and disobedience. (9) In A, M: "bi-madhhab" (with the school of). (10) Omitted from B, M. (11) In A, B, M: "zawwaja-ha" (marries her off). (12) Its chain of narration was previously provided on page 353.

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