Tibyān

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F119Chapter on the Pillars of the ContractRevised

The Qualifications of the Guardian and the Order of Guardians

What qualifications are required in a marriage guardian, and how does guardianship pass among the agnates until it ends with the ruler?

Hanafi

Required in a guardian are: sound mind, majority, freedom, and Islam if the wife is Muslim. Neither being male nor uprightness is required. Guardians follow the agnatic order: the son, then the father, then the grandfather, then the brother; failing them, the uterine relatives, then the ruler.

Maliki

Required in a guardian are: being male, freedom, majority, sound mind, Islam for a Muslim woman, and not being in iḥrām. The order of guardians other than the compelling guardian runs: the son, then his son, then the father, then the brother, then his son, then the grandfather, then the paternal uncle, then his son, then the patron, then the foster guardian, then the ruler, then the Muslims at large.

Shāfiʿī

Required in a guardian are: being male, sound mind, majority, freedom, Islam for a Muslim woman, uprightness, and prudence. The order runs: the father, then the paternal grandfather, then the full brother, then the half-brother by the father, then the brother's son, then the paternal uncle. A son has no guardianship over his mother except as ruler or as her agent.

Hanbali

Required in a guardian are: being male, sound mind, majority, freedom, Islam for a Muslim woman, uprightness even if only outward, and prudence. The order runs: the father, then the executor he appointed for the marriage, then the paternal grandfather however high, then the son however low, then the full brother, then the half-brother by the father, then their sons, then the paternal uncles, then the ruler.