His saying (peace and blessings be upon him): “If they quarrel, then the ruler is the guardian of the one who has no guardian,” even though she has a guardian here?
Machine translationRead the Arabic original
The questioner : He says: Sunan Ibn Majah 1879Sahih (Darussalam) Yes.
The Shaykh : Yes.
The questioner : And he did not say that the ruler is her guardian at that time.
The Shaykh : Huh?
The questioner : I say, why did the Prophet (peace and blessings be upon him) say that the ruler is her guardian at that time, even though he said here:Sunan Abi Dawud 2083Sahih (Al-Albani) even though she has guardians?
The Shaykh : This guardian’s existence is like non-existence; when they quarreled, their existence became like non-existence, so they cannot marry her off.
The questioner : But ... for example, the uncle said, “I will marry her off.”
The Shaykh : They are quarreling, because if he married her off in this state, there might be fitnah (trial, discord or temptation). In this state, if the ruler is the guardian of the one who has no guardian, he may appoint the uncle as his agent, appointed by the ruler.
And if there is any dispute then the ruler is the guardian of the one who does not have a guardian.
فإن اشتجروا ، فالسلطان ولي من لا ولي لهThe Shaykh : Yes.
The questioner : And he did not say that the ruler is her guardian at that time.
The Shaykh : Huh?
The questioner : I say, why did the Prophet (peace and blessings be upon him) say that the ruler is her guardian at that time, even though he said here:
one who has none
من لا ولي لهThe Shaykh : This guardian’s existence is like non-existence; when they quarreled, their existence became like non-existence, so they cannot marry her off.
The questioner : But ... for example, the uncle said, “I will marry her off.”
The Shaykh : They are quarreling, because if he married her off in this state, there might be fitnah (trial, discord or temptation). In this state, if the ruler is the guardian of the one who has no guardian, he may appoint the uncle as his agent, appointed by the ruler.