Is the marriage contract performed by a guardian (Wali) to a non-competent man invalid?
General Chapter
Al-Mughni
Book of Marriage
Primary text
If the father marries his daughter to someone who is not a competent match (*ghayr kuf'u*), the marriage contract is void. This is one of the narrations from Ahmad and one of the two opinions of Al-Shafi'i. This is because it is not permissible for him to marry her to a non-competent match, rendering the contract invalid, like other forbidden marriages. It is also argued that since it is a contract for his female ward (*mawliyah*) in which she has no benefit without her permission, it is invalid, similar to selling her real estate without her interest or selling it below its market price. As he acts as her legal representative (*na'ib*), his disposition on her behalf that holds no benefit for her is invalid, like a proxy.
Supporting text
The second view holds that it is valid, considering the lack of competence an inherent defect (*'ayb*) in the contracted subject matter, which does not prevent validity, similar to purchasing a defective item when the defect was unknown. Another possibility is that the marriage is only void if the guardian knew the husband was not competent, but valid if unknown, because knowledge of the non-competence makes the contract forbidden and thus void, unlike when it is unknown. A third possibility is that the marriage of an adult woman remains valid because the harm can be rectified by granting her the option to annul the contract upon reaching maturity; if she does not annul it, it is deemed her ratification.