meaning of the word guardian, saying that “the king is a guardian” (Bu. 67:41), and cites under this heading the case of a woman who came to the Holy Prophet and offered herself for marriage, and she was then and there married to a person who could not even settle any dowry on her on account of his poverty. It does not appear whether or not she had a natural guardian (father or other near relative). Some Quranic verses are quoted which however do not speak of a guardian in express words. Thus: “And when you divorce women and they end their term, prevent them not from marrying their husbands if they agree among themselves in a lawful manner” (2:232). From this it is probably concluded that the injunction against preventing women from marrying husbands who have divorced them presupposes a right of the guardian. This argument is, however, defective, as the guardians are here prohibited from exercising any such right, in the case at least of a thayyibah (a woman who has seen a husband). The other verse quoted is: “… Nor give (believing women) in marriage to idolaters until they believe” (2:221). The argument is that the verse is addressed to the guardian, who have therefore the right to give in marriage. But this is also doubtful as the verse may just as well be addressed to the Muslim community as a whole, as on so many other occasions.

Among the ḥadīth cited by Bukhārī, the first is that in which ‘Ā’ishah speaks of four kinds of marriage, and the first of these which was the only form sanctioned by Islām is stated to be that in which “one man makes a proposal to another regarding his ward or his daughter, then he settles a dowry on her and marries her.’’ But that describes the general practice, and does not lead to the conclusion that a woman cannot marry without the consent of a guardian. The second ḥadīth is also from ‘Ā’ishah and in it she speaks of the guardian of an orphan girl marrying her himself. That however is only ‘Ā’ishah’s interpretation of a certain verse of the Holy Qur’ān and there is no reference in it to any particular incident that might have occurred. The third speaks of ‘Umar proposing his widowed daughter Ḥafṣah to Abū Bakr. This, too, does not establish that marriage is invalid without the consent of a guardian. It only shows that the father of a widow may exert himself to procure a match for