On Guardian ( Awliya )

The guardian is father and grand-father and great grand-father and so on, the executor of one's will, the high authority of sharia and the master of slaves.

Rule (1236) A father is the guardian of his minor children and the insane adults and both groups have no right of having the choice to do, otherwise, when their conditions are changed except if at the time of the formation of marriage contract it was harmful to them reasonably, the contract is not valid unless they approve it after they become adults or recover from insanity. If the parents marry the minor children as guardians, the contract is valid but its becoming binding on them after their maturity, is not free from objection. The precautionary rule should not be ignored. It is not far from reality to consider the father as guardian of one who becomes insane after maturity with some objections therein, thus, according to a precautionary rule the high authority in sharia's permission should also be acquired.

Rule (1237) Father and grandfather have no guardianship over adult and mature son or daughter except a virgin, in her case, it is a necessary precaution that for her marriage her permission and the permission of her father is required. Her silence, when asked for permission is enough, unless there is proof of her disagreeing to marriage. If she is not a virgin due to some reason other than sex, she still is virgin, as opposed to reasons like sex by mistake or fornication, according to a more clear view.

Rule (1238) It is not necessary to acquire father's and grand father's from the father's side permission for the marriage of the virgin daughter if it is not possible because of his absence or imprisonment etc., and/or she is not a virgin.

Rule (1239) The executor of the will is the guardian for the marriage of the children of the deceased if the testator has particularly said it in his will and the same rule applies to an insane person who needs to marry, according to precautionary rule to acquire the permission of the authority in sharia.

Rule (1240) The guardian for an insane is high authority in sharia if there is no other guardian and the person needs to marry, his guardianship over a child in the same matter is not free from objection, according to a more clear view his guardianship is allowable when the dependent person needs it.

Rule (1241) Marriage of a fool is objectionable, according to a precautionary rule he should not marry without the permission of father if he exists or the high authority in sharia if the father is not existing. If he is reasonable in financial matters but not in the matter of marriage, precautionary, he should acquire the permission of the high authority in shari'a for his marriage.

Rule (1243) If the guardian has established a marriage contract for the two minors they (such minors) inherit each other due to marriage if some one other than the guardian does it, it requires approval, if one of them dies before maturity the marriage is void, if one of them matures and approves the marriage and then dies the second party is given oath after this person's maturity for having no greed, when it is possible that his approval may have taken place due to greed in legacy, if oath is given the person is entitled to legacy, otherwise, not.

Rule (1244) Just as tentative proxy is valid in selling contracts it also is valid in marriage, if a person as proxy forms a marriage contract for his principal without the latter permission who then approves it, the contract is valid, if he does not approve, it is void.

Rule (1245) If a woman appoints a proxy for her marriage he cannot validly marry her except if the authorization is general, even if she allows him to marry her according to an optional precaution, he should not say both the offer and acceptance by himself, he should have a proxy for the offer on her behalf. It also is permissible for him to have her as proxy who says the offer by herself and the acceptance on his behalf