Is the marriage of an insane woman valid when she is one whom a sane woman could not be legally compelled to marry, and her guardian is her father or his executor?

General Chapter

Al-Mughni

Book of Marriage

Book 35 · Issue 2 · Bab 1

Open in Qurani

Primary text

The marriage of such a woman is permissible by her guardian (father or executor). This aligns with the apparent view of Al-Khiraqi and is the position of Al-Shafi'i and Abu Hanifa. The reasoning is based on the fact that the father has the right to marry off a mentally deficient person, and a woman falls under this category first. The primary authority (right of compulsion) is negated for a sane woman due to her personal judgment, experience, and ability to act directly, which is absent in this case.

Supporting text

Abu Bakr forbade this, arguing that it constitutes a right of compulsion, which is not established for a non-virgin woman (thayyib) when she is sane.