Can a father validly divorce or seek Khul' (redemption from marriage) for his non-adult son's wife?
General Chapter
Al-Mughni
Book of Khul' (Redemption Divorce)
Primary text
There is disagreement on this matter. One opinion holds that the father possesses this authority. This view is supported by 'Ata and Qatadah, based on the report that Ibn 'Umar divorced a wife on behalf of his mentally incapacitated son. Furthermore, it is argued that since the father can contract the marriage for the minor son, he can also effect the divorce, provided he is not suspected of malfeasance, analogous to a judge annulling a marriage due to the husband's insolvency or contracting marriage for a minor.
Supporting text
The opposing view, held by Abu Hanifa and Al-Shafi'i, is that the father does not possess this authority. The basis for this is the Hadith stating, "Divorce belongs to the one who holds the shank (i.e., the husband)" (Reported by Ibn Majah). Additionally, it is reasoned that divorce is a relinquishment of a right, which the guardian cannot enact, similar to pardoning a debt or waiving retaliation. Moreover, since divorce is fundamentally related to sexual intimacy, it does not fall under the scope of guardianship. The ruling concerning the wife of a minor slave son is considered the same as that for the wife of a minor free son.