The essence of marriage being then, according to Islām, the consent of two parties, after they have satisfied themselves about each other, to live together as husband and wife permanently and accepting their respective responsibilities and obligations in the married state, it follows from its very nature that the marriage contract requires the contracting parties to have attained puberty and the age of discretion. The Holy Qur’ān has already been quoted on this point, and fiqh also recognizes this principle. Thus, according to the Fatāwa ‘Ālamgīrī, “among the conditions which are requisite for the validity of a contract of marriage are understanding (‘aql), puberty (bulūghah) and freedom (ḥurriyyah) in the contracting parties” (Ft.A.II, p.l). A distinction is, however, made between a minor who is possessed of understanding and one who is not so possessed, and while a marriage contracted by the latter is recognized as a mere nullity, one contracted by the former can have its invalidity removed by the consent of his guardian. As regards those who have attained majority, there is no difference of opinion in the case of the man, who can give his consent to marriage without the approval of a guardian, but some difference exists in the case of the woman, whether she can give such consent without the approval of her father or guardian. The Ḥanafī view of the law of Islām answers this question in the affirmative: “The marriage contract of a free woman who has reached the age of majority, and is possessed of understanding, is complete with her own consent, whether she is a virgin or has been married before, though it may not have been confirmed by her guardian” (H. I, p. 293). The Shī‘ah view is exactly the same: “In the marriage of a discreet female (rāshidah, or one who is adult), no guardian is required” (AA.). Both Mālik and Shāfi‘ī hold that the consent of the guardian is essential. Bukhārī inclines to the same view as that of Mālik and Shāfi‘ī, the heading of one of his chapters being, “Who says that there is no marriage except with the consent of a guardian” (Bu. 67:37); though he adds another, “The father or any other guardian cannot give in marriage a virgin or one who has been married before without her consent” (Bu. 67:42). At the same time, he extends the