Is the guardian permitted to permit the restricted person to contract marriage for himself in a situation where the guardian could contract it on his behalf?
General Chapter
Al-Mughni
Book of Marriage
Primary text
The guardian may permit the restricted person to contract marriage for himself when the restricted person has a legitimate need for marriage, as he is considered a legally responsible person capable of understanding, evidenced by his possession of the right to divorce and Khul'. The guardian has the discretion to either specify the woman or grant a general permission for marriage.
Supporting text
Some Shafi'i scholars hold that the guardian must specify the woman to prevent the restricted person from marrying a woman of high social standing whose high dowry and maintenance costs would cause financial harm. However, the correct view is that granting permission for marriage suffices without specification, similar to granting permission to a slave for marriage.