Who has the authority to marry off a young boy before puberty?

General Chapter

Al-Mughni

Book of Marriage

Book 35 · Issue 2 · Bab 1

Open in Qurani

Primary text

No guardian other than the father or his executor has the authority to arrange the marriage of a boy prior to his puberty. Al-Qadi stated in "Al-Mujarrad" that the ruler (Hakim) may arrange the marriage because he oversees the boy's property. Imam Al-Shafi'i holds that the guardian of a minor possesses this right so the boy may become accustomed to guarding his private parts upon reaching maturity. This view is rejected because a guardian other than the father does not possess the authority to marry off a young girl, making the case of a young boy even less likely. The father and his executor are differentiated because they possess the authority of compulsion in marrying off a minor girl. This ruling applies whether the boy consented to the marriage arrangement or not, as his consent is irrelevant.

Supporting text

Imam Al-Shafi'i permits the guardian of the minor boy to arrange his marriage based on the rationale that the boy should become accustomed to guarding his chastity upon reaching puberty.