Is it valid for a guardian to marry a minor or an insane person to a woman afflicted with a defect that grants the right to annulment in marriage?

General Chapter

Al-Mughni

Book of Marriage

Book 35 · Issue 4 · Bab 1

Open in Qurani

Primary text

It is not permissible for the guardian to marry his ward to a woman afflicted with a defect that would grant the right of annulment in marriage, because this involves harm to the ward and dissipation of his wealth without any perceived benefit for him. If such a marriage occurs, there are two differing opinions regarding its validity.

Supporting text

If the marriage is deemed valid, there are two views on whether the guardian has the right to seek annulment immediately, mirroring the rulings established for the marriage of a minor female to a defective man. If annulment is not sought before the boy reaches maturity or the insane man regains sanity, both have the option to annul the marriage.