A Guardian's Withholding of Marriage, and the Ruler Giving Her in Marriage Instead
What defines the forbidden withholding of marriage, what follows from a guardian refusing to marry a woman to a suitable match, and to whom does guardianship pass when he withholds?
Withholding means barring a woman from marrying a suitable match for a dower like that of her peers. Since an adult woman of sound mind may contract her own marriage without a guardian, his withholding does not stand between her and contracting it herself. If the matter is raised before the judge, he marries her off or gives her leave, so as to lift the harm.
Withholding is forbidden, and it is established by the guardian's refusal to marry her to a suitable match she has accepted. Once it is proved before the judge, guardianship passes to the ruler or the judge, who gives her in marriage; it does not pass to the next guardian in line.
It is forbidden for a guardian to withhold her when an adult woman of sound mind calls for a suitable match. If the nearest guardian withholds, the ruler gives her in marriage rather than the next guardian — unless he has withheld three times and so become a sinner (fāsiq), in which case guardianship passes to the next guardian, since a sinner cannot be a guardian.
Withholding is forbidden, and it is to bar her from a suitable match when she asks to be married to him. If the nearest guardian withholds, the next guardian in the order of guardians gives her in marriage, and if they all withhold or are unavailable, the ruler gives her in marriage.