Can a guardian (wali) authorized to arrange a marriage contract for a female ward marry that ward to herself or her son?

General Chapter

Al-Mughni

Book of Agency

Book 19 · Issue 2 · Bab 1

Open in Qurani

Primary text

If a female ward's guardian has granted permission for her marriage, there are two established opinions regarding whether this guardian may then contract that ward in marriage to himself or to his own son. This situation is analyzed analogously to the case concerning an agent authorized in a sale contract.

Supporting text

The permissibility of the guardian marrying the ward to himself or his son is subject to differing legal opinions, derived from the existing jurisprudential debate regarding agency in sales transactions.