"If they dispute, the Sultan is the guardian of the one who has no guardian." (24) And because this is a right owed by him, which he refused to perform, the judge stands in his place, just as if he had a debt and refused to pay it. We argue that marriage has become impossible via the closest guardian, so the more distant one possesses the authority, just as if he were insane. And because he becomes a transgressor (fasiq) through 'adl (preventing marriage), the guardianship transfers from him, just as if he drank wine. If all the guardians prevent her, the judge shall marry her off. The hadith is an argument for us, due to his saying: "The Sultan is the guardian of the one who has no guardian." And this [woman] has a guardian. It is possible to interpret it as [applying] when all of them prevent [her]; for his saying: "If they dispute," is a plural pronoun that encompasses everyone. Guardianship differs from debt in three ways: First, it is a right for the guardian, while a debt is a right [owed] by him. Second, a debt does not transfer from him, whereas guardianship transfers due to an occurrence: such as the insanity of the guardian [or his transgression, or his death]. (27) Third, justice ('adala) is not considered in the survival of a debt, whereas it is considered for guardianship, and justice has ceased due to what we have mentioned. If it is said: "If his guardianship ceased, it would not be valid for him to perform the marriage if he answered to it." We say: His transgression is through his refusal, so if he answers, he has withdrawn from the disobedience and returned to the right, thus his transgression has ceased, and for that reason, his marriage [performance] is valid. And Allah knows best.

Section: The meaning of 'adl is preventing the woman from marrying her equal (kuf') when she has requested that, and each of them desires the other. Ma'qil ibn Yasar said: "I married a sister of mine to a man, and he divorced her until, when (29) her waiting period (idda) had expired, he came to ask for her hand. I said to him: 'I married you, provided you with a spouse, and honored you, yet you divorced her, then you came to ask for her hand! No, by Allah, she will never return to you.' He was a man who was acceptable, and the woman wanted to return to him, so Allah the Exalted revealed this verse: {Do not prevent them} (30). I said: 'Now I will do it, O Messenger of Allah.' He said: So he married her to him." Recorded by al-Bukhari. (31)