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32.2c. A woman who has been married before

A woman who has already been married cannot be given in marriage, by her father or anyone else unless she herself agrees to it and gives verbal consent.

[When she is adult, sane and free and free has not lost her virginity through injury or fornication, be she sensible or foolish, by her father or anyone else. It is limited to the adult instead of the child who loses her virginity before becoming an adult. He marriage is not dependent on her consent. "Sane" excludes the mad woman. Her father can compel her, even if she has children. The judge can also compel the adult mad women if she has no father.

What is mentioned about asking her permission is by word, as Malik, ash-Shafi'i, and Muslim transmitted, "The widow is is more entitled to herself than her guardian, and the virgin is asked for consent for herself, and her consent is her silence." What is meant by the widow is the non-virgin. The difference between the two is the shyness which is found more fully in the virgin rather than the non-virgin. It is reported from Ibn al-Qassar that modesty has ten parts: nine in women and one in men. When a woman marries, a third of it goes. When she gives birth, two-thirds is gone, and if she fornicates, it is all gone.]

32.2j. Agnate relatives

Male relatives on the maternal side are not considered suitable as marriage guardians who should rather come from the paternal side.

[To act in giving in marriage, whether they are heirs like the brothers by the mother or not, like the maternal uncle. The guardians come from the paternal side, the stronger being advanced first. So the full brother comes before the half brother by the father. Ibn 'Umar said, "It is clear from his words that the guardian is only one of the paternal relatives, and there is a contradiction when he says 'someone suitably qualified from among her people, or the governor.' The reply is that the what is meant here about the relative being only from the paternal relatives does not preclude the one who is not a paternal relative being a protector or ruler, and so it is relative.]

(was there a point in history when Maternal power matter so much that this point needed to be made?)

32.3 Competition between suitors

No one should propose marriage to a woman if another proposal has already been accepted, nor should anyone try to outbid his brother, if an agreement has already been reached.

[According to what al-Fakhani said, "The expression means a prohibition." This is is to propose when there is an outstanding proposal and to bid when there is an outstanding bid provided an agreement has been reached between the couple of the parties to the bid. In respect of marriage, this means that the couple incline to one another so that only the offer and its acceptance remain. In the sale it is a precondition that the money be weighed, for instance, and the goods free of faults. If he sees a fault, he can return it.]


Love relationships or power?

32.4a. The shighar marriage

A 'shighar' marriage - which is when there is a direct exchange of daughters without any dowry - is not permitted;

[There are three types of forbidden marriage. Shighar is to exchange one woman for another. The basis for its prohibition is found in the Muwatta' and two Sahih Collections where the Messenger of Allah forbade the shighar. It is derived from lifting, as when a dog lifts its leg to urinate or when a person lifts their leg for copulation. It is also used from a land is devoid of people. It is used for exchanging women without a dowry. The pure shighar is that a man gives his daughter in marriage to a man provided that he marries his daughter to him with no exchange of dowry. The woman whose marriage is consummated receives an appropriate dowry and the unconsummated has nothing.]


Shighar means that a man gives his daughter in marriage on the condition that the other gives his daughter to him in marriage without any dowry being paid by either.
interesting....

32.4c. Temporary marriage

nor is temporary marriage - which is marriage for a specified, limited period.

[By consensus. This is found in Khalil, the Mudawwana and elsewhere, whether it is a short or long term such that the person will not live that long. Ibn Rushd said that it is marriage with a dowry, guardian and witnesses which is unsound by setting a term, and its judgement is that it is always invalid without a divorce. If anyone marries a woman in a temporary marriage but does not enjoy her, it is permitted for his father and son to marry her. There is no hadd for them, and the child is attached to the father and she observes full 'idda. She receives no dowry if it was voided before consummation. If it is after that, she receives the dowry appropriate to her whether or not a dower was stipulated for her.]

http://ruhsa.wordpress.com/2009/01/13/shighar-marriages-and-minors-in-saudi-arabia/