Does the father or his executor have the authority to arrange the marriage of a minor, whether sane or insane, or an adult afflicted with insanity?
General Chapter
Al-Mughni
Book of Marriage
Primary text
The father or his executor has the authority to arrange the marriage of both the sane minor and the insane person, regardless of whether the insanity is chronic or transient. Concerning the sane minor, there is no known disagreement among scholars that his father may arrange his marriage, as affirmed by Ibn Al-Mundhir. This view is held by Al-Hasan, Al-Zuhri, Qatadah, Malik, Al-Thawri, Al-Awza'i, Ishaq, Al-Shafi'i, and the Ahl al-Ra'y, based on the report that Ibn Umar married his son while he was young, and when the matter was brought before Zayd, both approved the marriage. Regarding the insane minor, his father may arrange his marriage. Our position is that since he is not an adult, his father may arrange his marriage, just as with the sane minor. If the father can arrange the marriage of a sane person who has sound judgment regarding his future needs, then arranging the marriage of one whose judgment is not anticipated is even more appropriate. This differs from other guardians, who cannot arrange the marriage of a sane person. For the adult afflicted with insanity, the apparent view of Imam Ahmad and Al-Khiraqi is that the father may arrange the marriage, whether signs of desire are present or absent.
Supporting text
Al-Shafi'i holds that it is not permissible to marry the insane minor because marriage imposes financial obligations such as the dower and maintenance without his immediate need, which is impermissible for him, similar to other guardians. Abu Bakr asserts that the father may never marry him off, as he is a man and cannot be coerced into marriage like a sane person. Zufar stipulates that if insanity occurs after puberty, the marriage is impermissible, but if it is chronic (predating puberty), it is permissible. The necessity (Hajah) for marriage must be established, meaning the guardian can only proceed if he sees an interest therein, which includes the need for shelter, protection, or potential healing, just as it includes satisfying desire.