Is it permissible to solemnize a marriage contract in the absence of the guardian (wali) and when it is impossible to contact him, given the woman's consent to delegate her guardianship to the shaykh, based on the statement in al-Mughni al-Muhtaj regarding the permissibility of the sultan solemnizing a marriage when the guardian is absent?
The Shafi'i school of thought holds that a woman's guardianship transfers to the ruler if her guardian is absent for two or more stages. According to the Hanbalis, Malikis, and Hanafis, guardianship transfers to the most deserving among her present guardians. Thus, the majority view is that a woman's guardianship transfers to the closest guardian if one exists. If none of her guardians are present, the ruler marries her off. If neither a guardian nor a ruler is available, a just Muslim man may marry her off with her permission.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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