as a Muslim, like all other forms of guardianship, and because she requires being married off and 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.