Who has the authority to arrange the marriage of an insane person afflicted with continuous mental derangement (Ma'tuh)?

General Chapter

Al-Mughni

Book of Marriage

Book 35 · Issue 3 · Bab 1

Open in Qurani

Primary text

No guardian other than the father or his executor has the authority to arrange the marriage of an insane person afflicted with continuous mental derangement. This is the position of Malik. Abu Abdullah bin Hamid stated that the ruler may arrange the marriage if the afflicted person exhibits female desire, such as following or desiring women. This aligns with the Madhhab of Al-Shafi'i, viewing it as a matter of his welfare, and there is no time to await his consent. The justification for both views regarding the marriage of an insane woman has been previously discussed. Based on this principle, it should be permissible to marry him if medical experts confirm that the marriage will lead to the removal of his ailment, as this constitutes one of his greatest interests.

Supporting text

Abu Abdullah bin Hamid and Imam Al-Shafi'i permit the ruler to arrange the marriage if the afflicted person shows signs of desire for women, considering it among his welfare, as there is no time to await his consent. It should also be permissible if medical opinion suggests the marriage will cure his ailment.