Is the marriage contract valid if a guardian marries a minor to a person afflicted with certain defects?

Chapter on Marriage of Polytheists

Al-Mughni

Book of Marriage

Book 35 · Issue 1 · Bab 3

Open in Qurani

Primary text

The guardian (*wali*) of a minor male or female, and the master of a female slave (*sayyid al-amah*), cannot marry them to an individual afflicted with one of the specified defects because the guardian is entrusted with their welfare, and there is no benefit for the minors in such a contract. If the guardian enters into the marriage while aware of the defect, the marriage is invalid because it is a contract that is impermissible for them to enact on behalf of the minors, similar to selling their real estate without any benefit or necessity. However, if the guardian entered the marriage without knowledge of the defect, the marriage is valid, analogous to purchasing a defective item for them without knowledge of the defect. The guardian is then obligated to seek dissolution (*faskh*) upon learning of the defect, as their duty requires acting in the minors' best interest, and dissolution serves that interest.

Supporting text

An alternative view suggests that the marriage is invalid in all cases, even if the guardian was unaware of the defect, because the guardian married them to someone they do not possess the authority (*malik*) to marry them to, similar to marrying them to a person forbidden to them by kinship.