Is a minor's delegation of divorce valid?

General Chapter

Al-Mughni

Book of Divorce

Book 39 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a legal opinion permits a minor's pronouncement of divorce, it logically follows that the minor's appointment of an agent for divorce (tawkeel) and their appointment as an agent for another regarding divorce (tawakkul) should also be valid. This is supported by the principle that whoever has valid legal capacity concerning an act in which agency is permissible, their delegation and acceptance of agency regarding that act are also valid, mirroring the status of an adult.

Supporting text

A narration attributed to Ahmad prohibits the minor from appointing an agent until puberty. Furthermore, concerning a minor male telling a minor female whom he married to 'make your affair your own,' and she responded, 'I have chosen myself,' Ahmad stated this is invalid unless the female is of an age where she understands divorce.