The majority of scholars, namely the Hanafi, Maliki, [23] The Maliki scholars hold the view that the guardian of the bride who reached puberty may marry her off without her consent except if she expressed her disapproval, detest, or  explicitly states that does not wish to marry. and Hanbali, consider the approval of the bride and the groom [24] The approval of the previously married woman who reached puberty must be made verbally, while approval of the virgin who reached puberty can be made by remaining silent or smiling when she is asked for her approval. As for the female who has not reached puberty, it will be discussed in the next part. who reached puberty one of the conditions of the marriage contract.
b) Approval of the bride and groom if either of them has not reached puberty:
i.  Approval of the groom who has not reached puberty: The four Madhabs agree that the father may wed his son, who has not reached puberty, to the bride, without his permission.
ii. Approval of the bride who has not reached puberty:  [25] Unfortunately, some guardians force their young female wards to marry old men, in the age of their parents or even grandparents, out of their greed. They treat their female wards as a commodity and marriage as a business deal without any consideration to their best interest and rights. Indeed, this is a great injustice and oftentimes this kind of marriages are doomed to fail.
1. Ruling on the father who is marrying off his virgin daughter who has not reached puberty to the groom: The four Madhabs agree that the father has the right to marry his virgin daughter who has not reached puberty without her permission.  [26] Some scholars hold the view that marriage is deemed null and void if this marriage does not serve the best interest of the young girl, and the judge should annul it.
2. Ruling on the guardian, other than the father, marrying off his ward who has not reached puberty:  The guardian, other than the father, may marry off his virgin female ward [27] The Hanbali scholars, Ibn Taymiyyah, Ibn Baaz and Ibn ‘Uthaymeen stipulated that she must have reached the age of nine years. who has not reached puberty. This is the view of the Hanafi Madhab, [28] The Hanafi scholars allowed it with the condition that she is given the choice after reaching puberty, either to approve the marriage contract or nullify it. the correct view of the Hanbali Madhab, and the view that Ibn Taymiyyah deemed to be the most correct, as well as the view of Ibn Baaz and Ibn ‘Uthaymeen.
3. Ruling on allowing the husband to consummate the marriage with his bride before she reaches puberty: It is impermissible for the husband to consummate the marriage with his wife before she reaches puberty if she is unfit to have intercourse. This is the view of the four Madhabs. [29] Some Hanbali scholars specified that she should have reached 9 years while some other scholars made the condition that she is able to have intercourse.
4. Marrying off a non-virgin girl (Arabic: thayyib [30] The Thayyib refers to the girl who has lost her virginity due to lawful or unlawful intercourse. For the purpose of this document, the term will be translated as “non-virgin girl”. who has not reached puberty: The scholars differed on the ruling of marrying off a non-virgin girl who has not reached puberty. The majority of scholars, namely the Hanafi, Hanbali and Maliki scholars, hold the view that the father can marry off his non-virgin daughter who has not reached puberty without her consent. The other view does not allow it at all, be it was the father or any of her other guardians until she reaches puberty and gives her consent. This is the view of the Shafi’i Madhab and one of the views in the Hanbali Madhab, as well as the adopted position of Ibn Shibrimah, Ibn Hazm, and al-San’aanee.

3. Guardianship in marriage:
a) Definition: The linguistic meaning of the term guardian in Arabic refers to the one who manages and looks after the affair of something or someone. However, in religion, it refers to the person who has the authority to manage the affairs of both the person and their property.
b) Ruling: The majority of scholars, namely the Maliki, Shafi’i, and Hanbali Madhabs, [31] The Maliki and Shafi’i scholars hold the view that the consent of the guardian is one of the pillars of the marriage contract while the Hanbali scholars view it as one of the conditions of a valid marriage contract. hold the view that the marriage of a woman is not valid without the consent of her guardian. Not only is it the view of many of the righteous predecessors, but it also reported that the Companions did not differ on this ruling.
c) Legal criteria of the guardian:
i. Sanity:
1. Permanent insanity: The guardian of the woman should be sane. The four Madhabs agree that the guardianship of a man who suffers from permanent insanity is deemed invalid.
2. Temporary insanity: The guardianship of a man who suffers temporary insanity is suspended until his sanity is restored. This is the view of the majority, the Hanafi, Maliki, and Hanbali Madhabs, and one of the views of the Shafi’i Madhab.
ii. Puberty: The guardian of the woman must have reached puberty, as agreed on by the four Madhabs.
iii. Freedom: The guardian of the woman must be a free person, as agreed on by the four Madhabs.
iv. Good Character (‘Adaalah):  [32] A good character here means uprightness in religion and good mannerism and refraining from that which is forbidden and is able to avoid it. It is not required for the guardian of the woman to be of good character. This is the view of the Hanafi Madhab, the famous view of the Maliki Madhab, one of the views in the Shafi’i Madhab, and one of the reported views of Imam Ahmad, and the favoured view of Ibn al-Qayyim, Ibn Baaz, Ibn ‘Uthaymeen, and Ibn Taymiyyah reported that it is the view of the majority of jurists.
v. Sound Judgment (Rushd):  [33] It refers to the ability of the guardian to understand matters of compatibility and the interests and purposes of marriage. The guardian of the woman must have the ability to make sound judgments and also understands matters of compatibility and the interests and purposes of marriage. This is the view of the Shafi’i and Hanbali Madhab, one of the views in the Maliki Madhab, and the adopted view of Ibn al-Mundthir, al-Shawkaanee and Ibn ‘Uthaymeen.
vi. He must be a male: The majority of scholars, namely the Shafi’i, Maliki, and Hanbali scholars, hold the view that the guardian of the woman must be a man.  
vii. He should be of the same religion as the bride:
1. If the bride is a Muslim: It is a matter of consensus among scholars, as reported by Ibn al-Muthir, that the guardian must be a Muslim if the bride is Muslim.
2. If the bride is a non-Muslim: The four Madhabs [34] They exempted the case when the guardian is Muslim, and the disbelieving woman is his slave. The ruler can marry off the woman who is not Muslim if she has no guardian. agree that the Muslim cannot be the guardian of a non-Muslim woman and that the disbeliever can be the guardian of a disbelieving woman.
3. Guardianship of the apostate: The four Madhabs agree that the apostate man cannot be the guardian of any woman, be she is Muslim, non-Muslim, or an apostate like him.
viii. He must not be in a state of Ihraam: The majority of scholars, namely the Maliki, Shafi’i, and Hanbali scholars, hold the view that the guardian of a woman must not be in the state of Ihraam so he can act as her guardian.
ix. Forced guardian: The majority of scholars, namely the Maliki, Shafi’i and Hanbali [35] The overall discussion of this issue indicates that the guardian is not held liable if his consent is given against his will. scholars, agree that the marriage contract is invalid if the consent of the guardian is coerced.
d) Order of guardians in marriage:
i. Priority of guardianship is given to her blood relatives, her manumitter, and the ruler, respectively: The four Madhabs agree that the most liable person to the guardianship of the woman as far as marriage is concerned is her blood relatives. If they are not available, the authority is passed to her manumitter if she was previously a slave.
1. Guardianship of blood relatives: The four Madhabs agree that the closest man in kinship from the paternal side is the most liable guardian of the woman as far as marriage is concerned, then the next closest and the next closest. [36] The four Madhabs agree on the following sequence of order of guardians: The most liable person to the guardianship of the woman as far as marriage is concerned is her father, then her brother, then her brother's son, then her paternal uncle, then her paternal uncle's son, and so on.  However, the priority is given to the full brother over her paternal half-brother, then her brother's son over the paternal half-brother’s son, the full paternal uncle over the paternal half-uncle. In the presence of a son, the Hanafi and Maliki Madhabs give him precedence over the father while the Hanbali Madhab places him after the father in order. As for the Shafi’i Madhab, the son has no authority to act as the guardian of his mother. The majority of scholars hold that the paternal grandfather, no matter how far the line of ascent reaches, comes after the father while the Maliki Madhab places the paternal grandfather after the brother’s son.
2. Guardianship of her manumitter: The four Madhabs agree that the guardianship of the freed woman who has no paternal blood relatives is given to her manumitter. If he is not available, then the right of guardianship passes to the closest of his kinship and so forth.
3. Guardianship of the ruler: There is a consensus among scholars that the guardian of the woman who has no paternal blood relatives is the head of state, ruler, or whoever acts on his behalf. This consensus is reported by Ibn Battaal, Ibn Hazm, Ibn ‘Abd al-Barr, Ibn Qudaamah, and Ibn Taymiyyah.
4. Guardian of a woman living in a non-Muslim country: If a woman has no guardian and it happens that she lives in a country where Islamic courts are not available, but they have an Islamic centre, the head of the Islamic centre can act as her guardian. This is the view of Ibn Baaz, the Permanent Committee, and the European Council for Fatwa and Research.
5. If a guardian marries off a woman while there is another guardian who has more priority is available. If one of the guardians approves the marriage contract all the while the guardian who is given more precedence is available, the marriage contract will be invalid. This is the view of the Shafi’i and Hanbali Madhabs and the favoured view of Ibn Hazm, Ibn Taymiyyah, Ibn ‘Uthaymeen and the Permanent Committee. 
6. Ruling on a woman who gives her permission to two men to act as her guardians: The majority of scholars, namely the Maliki, Shafi’i and Hanbali scholars, hold the view that it is permissible for the woman to permit two of her guardians, who are both equally entitled to be her guardian, to conduct her marriage.
7. If the two guardians marry her off to two different men:
a. Knowing which of the two marriage contracts was conducted first: The four Madhabs agree that the first marriage will be valid while the other one is deemed invalid.
b. Not knowing which of the two marriage contracts was conducted first, or the two marriage contracts were conducted at the same time: The four Madhabs agree that both marriage contracts are deemed invalid if knowing which of the two marriage contracts was conducted first or if the two marriage contracts were conducted at the same time.
e) Guardian who is preventing his female ward from getting married: [37] This refers to the case when the guardian prevents his female ward from getting married to a compatible man, and the groom and the bride wishes to proceed with this marriage.  This is one of the unfortunate practises of some guardians who abuse their authority to gain personal gains i.e., he would prevent his female ward from getting married and deprives her of her legal rights hoping to force her to give him money or because he demands large bride price (mahr). As such, he rejects the marriage proposals of those who are pious and righteous and marries her off to someone who is incompatible to her like an old man or a known sinner only because he wishes to acquire something from the mortal worldly pleasures. It is a matter of agreement between all scholars that it is forbidden for the guardian to prevent his female ward from getting married to a compatible man that she approves of his proposal. If he does so, then she can raise her case to the ruler or whoever acts on his behalf to marry her off to the groom. The consensus on this ruling is reported by al-Nawawee and Ibn Taymiyyah.

The four Madhabs agree that one of the conditions of a marriage contract being valid is the absence of anything that would prevent the marriage from being valid in Islam. [38] Such as the cases when the religion of the groom is not Islam or either of them is an apostate, and so on.

5. Witnesses and announcement:
a) Announcement of the marriage:
i. Ruling on announcing the marriage: The four Madhabs agree that it is recommended to announce the marriage in public.
ii.  Ruling of conducting the marriage in secret [39] One of its contemporary forms is the “friendship marriage”, which exists in some cultures. It is nothing but an illicit relationship between a male and a female who engage in a sexual relationship based on their intimate friendship without concluding a legal marriage contract. Evidently, this kind of relationships is forbidden. It is a matter of consensus among scholars that marriage contracts that are conducted in secret and without witnesses, which people endeavour to keep unknown to people, are invalid. The consensus is reported by Ibn al-’Arabee, Ibn Rushd, Al-Nawawee, and Ibn Taymiyyah.
iii. Ruling on the marriage contract which the guardian, the witnesses, and the groom do not announce and keep in secret. The majority of scholars, namely the Hanafi, Shafi’i, and Hanbali [40] The Hanbali Madhab considers it valid but disliked. scholars, hold the view that it is valid. It is also the view of some of the righteous predecessors.
b) Witnessing the marriage contracts:
i. Ruling of having no witnesses on the marriage contract: The majority of scholars,  [41] The Maliki scholars hold that it is obligatory to have witnesses. If no witnesses were present at the time of conducting the marriage contract, the witnesses must be present before consummating the marriage. If the condition is not fulfilled, and the husband consummated the marriage, the ruler will nullify the marriage contract and consider it a divorce, to block the means of corruption. namely the Hanafi, Shafi’i, and Hanbali scholars, hold the view that it is invalid,  [42] The Hanafi and Hanbali Madhabs consider the witnesses as condition while the Maliki Madhab considers it a pillar that must be fulfilled when consummating the marriage. and it is the view of a group from the righteous predecessors.
ii. Official documentation of marriages: If the marriage contract meets all the requirements, conditions, and pillars but is not officially registered in court records, [43] This is one of the forms of ‘Urfi marriages. it is considered valid and binding. Nonetheless, it should be officially documented and registered in official records to protect the rights of the husband and wife. This is the fatwa of the Permanent Committee and the European Council for Fatwa and Research.
c) Conditions of the witnesses:
i. Puberty: The four Madhabs agree that the witnesses must have reached puberty.
ii. Sanity: The four Madhabs agree that the witnesses must be sane.
iii. Islam:
1. If the groom and bride are Muslim: The four Madhabs agree that the witnesses must be Muslims if the bride and groom were Muslims.
2. If the groom is Muslim and the woman is from the People of the Book: The witnesses must be Muslims if the groom is a Muslim and the bride is from the People of the Book. This is the view of the Shafi’i and Hanbali Madhabs, as well as the view of Muhammad and Zufar from the Hanafi Madhab.
iv. Good conduct: It is not a condition for the witnesses to be of good conduct, which is the position of the Hanafi Madhab, and the view of some Maliki scholars, and one of the reports from Imam Ahmad.
v. Ability to hear: The four Madhabs agree that witnesses must be able to hear as the witness of the deaf is invalid.
vi. Ability to speak: It is not a condition for the witnesses to be able to speak. Hence, the mute can witness marriage contracts. This is the view of the Hanafi and Maliki and one of the views in the Shafi’i Madhab.
vii. If the witnesses are from the descendants or ascendants of the groom, bride, or the guardian: The scholars differed on the ruling of the validity of the marriage contract if the witnesses are from the descendants or ascendants of the groom, the bride, or the guardian. The majority of scholars hold the view that the witnesses may not be from the descendants or ascendants of the groom, the bride, or the guardian. This is the view of the Hanafi, Maliki and Hanbali Madhabs and one of the views of the Shafi’i Madhab. The other view states that it is valid o long as none of the witnesses acts as the guardian at the same time. This is the adopted view in the Shafi’i Madhab, one of the views reported from Imam Ahmad and the chosen view of Ibn ‘Uthaymeen.
d) Compatibility
i. Compatibility in religiousness: The four Madhabs agree that compatibility in piety and religiousness is considered in marriage contracts. As such, the vice and public sinner are not compatible with a chaste and pious woman.
ii. Compatibility in linage: The compatibility in linage is not a condition, which is the view of the Maliki Madhab, the view of al-Kharkhee from the Hanafi scholars, the view of a group from the righteous predecessors, and the view of Ibn Taymiyyah, Ibn al-Qayyim, al-Shawkaanee, Ibn Baaz, Ibn ‘Uthaymeen, and the fatwa of the Permanent Committee.
iii. Compatibility in wealth: [44] It includes all that which has a value and can be sold or benefited from like money, real estate, lands, animals and so on. The compatibility in wealth is not a condition, which is the view of the Maliki Madhab, the correct view in the Shafi’i Madhab, and one of the views reported from Imam Ahmad.
iv. Compatibility in profession and occupation: The compatibility in wealth is not a condition, which is the view of the Maliki Madhab, and one of the views reported from Imam Ahmad.