Is it permissible for a guardian to accept a marriage contract on behalf of a minor or an insane person?
General Chapter
Al-Mughni
Book of Marriage
Primary text
Accepting a marriage contract for a minor or an insane person is valid. However, it is not permissible for the guardian to delegate the acceptance to the minor or the insane person because they are not considered capable of transacting business. If the minor is a discerning boy around ten years old, the established legal opinion permits delegating the acceptance to him, similar to authorizing him in a sale, because he possesses the capacity to issue divorce on his own. If the guardian contracts the marriage, it is permissible, analogous to contracting a purchase for him, based on the opinion that validates his sale and divorce. If the opposing view holds that his transactions are invalid, then this marriage acceptance is even less valid.