Is it permissible for any guardian, other than the father, to contract a marriage for a very young child (minor)?
General Chapter
Al-Mughni
Book of Marriage
Primary text
The marriage of a very young child, whether by the paternal grandfather (*Jadd*) or otherwise, is not permissible. This view is held by Malik, Abu 'Ubayd, Al-Thawri, and Ibn Abi Layla. Al-Shafi'i agrees, except regarding the grandfather, whom he equates to the father because his authority stems from the authority of fatherhood, thus granting him the right to compel marriage like the father.
Supporting text
Al-Hasan, 'Umar ibn 'Abd Al-'Aziz, 'Ata', Tawus, Qatadah, Ibn Shubrumah, Al-Awza'i, and Abu Hanifah permit a guardian other than the father to marry off a minor, and she has the option upon reaching maturity. Except for Abu Hanifah, these scholars also state that if the non-father guardian marries two minors, both have the option when they reach maturity. The basis for the view allowing the marriage of an orphan (minor) by someone other than the father is inferred from the verse: "And if you fear that you will not deal justly with the orphan girls, then marry those that please you of [other] women" [Quran 4:3], implying that if justice is not feared, one may marry the orphan girl or the male who has not reached puberty, based on the Hadith: "No orphanhood after puberty." This opinion is supported by the narration where 'Urwah asked Aisha about this verse, and she explained it concerned the orphan girl under the guardian's care whom he wishes to marry without giving her an equitable dower.