the minor, so her marriage is permitted, like the adult woman if she shows a craving for men; for in her marriage there is her interest and the fulfillment of her need, so it resembles the case where medical experts say it will cure her ailment. Her craving is known from her speech and the circumstantial evidence of her condition, such as her seeking out men, her inclination toward them, and the like. The third category is a woman whose guardian is someone other than the father or the ruler. Al-Qadi said: She may not be married except by the ruler, so her ruling is the same as the ruling of the second category, according to what we have explained. Abu al-Khattab said: They have the right to marry her off in the situation where the ruler would have the right to marry off his charge. This is the opinion of Abu Hanifah; because their guardianship takes precedence (41) over the guardianship of the ruler, so they are prioritized over him in marriage, just as if she were sane. The reasoning for al-Qadi's view is that the ruler is the one responsible for her regarding her property to the exclusion of them, so he is the guardian to the exclusion of them, like marrying off her slave woman, and because this is the fulfillment of an manifest need, it pertains to the ruler, like the fulfillment of the need for food and clothing. If she has an executor for her property, he does not have the right (42) to marry her off; because he has no guardianship over her marriage. The ruling on marrying her is the same as the ruling for someone whose guardian is someone other than the father or the ruler, as we have mentioned.

1123 - Issue: He said: (And if he marries off his daughter for less than her equivalent dowry, the marriage is established with the specified amount. And if someone other than the father does that, the marriage is established, and she is entitled to her equivalent dowry.)

The totality of this is that the father has the right to marry off his daughter for less than her equivalent dowry, whether she is a virgin or a previously married woman, whether she is a minor or an adult. This is the opinion of Abu Hanifah (1) and Malik. Al-Shafi'i said: He does not have that right, and if he does so, she is entitled to her equivalent dowry; because it is a commutative contract, so it is not permissible for him to decrease it below the value of the exchanged consideration (2), like a sale; and because it is negligence regarding her property, and he does not have the right to do that. Our evidence is that Umar, may Allah be pleased with him, addressed