The knowledgeable
Ibn Qud, ma said:
If the contract is validated by a ruler, it is not allowed to be annulled.
The judge here has a special point: the contract is annulled when it is
against a text. The ruler has the priority because it is a negotiable matter,
and so his verdict is not annulled, exactly as giving the right of pre-emption
for the neighbour. The text (i.e. "No marriage without the guardian") has
been interpreted variously and is approved by some and objected to by some.
This is according to Ibn Qud,ma's deep knowledge and fairness, may Allah
be pleased with him. However, to be tactful and discrete, the marriage
should be accomplished with the agreement of all parties concerned, the
father, mother and daughter, so as not to leave the opportunity for gossip,
enmity, and quarrelling, whereas Allah has legislated marriage to promote
love and mercy.
It is required of the father to choose for his daughter a good man who
makes her happy and who finds happiness in her company. The father should
concentrate on the man's morals and faith, not on materialistic and earthly
matters. He should not put obstacles in the way of the marriage if a suitable
man proposes. The Hadith says, "If the person who
satisfies you in morals and faith comes to you, let him marry
(your daughter). If you do not, you will create
sedition on the earth and widespread corruption". 109
Thus, Islam has taught the father that his daughter is a " human being"
before anything else. She is not a "commodity" to be offered and given
to the one who pays more, as in the case of many ignorant and greedy fathers
continue this practice until today. The Hadith says, "It
is the good fortune of a woman to facilitate her engagement, to facilitate
her dower, and to ease her womb-i.e. her delivery". 110