Is physical maturity (Bulugh) a prerequisite for the guardian's authority in marriage?

General Chapter

Al-Mughni

Book of Marriage

Book 35 · Issue 8 · Bab 1

Open in Qurani

Primary text

Maturity is a required condition according to the apparent position of the madhhab. Imam Ahmad stated that a young boy should not contract a marriage until he has experienced a seminal emission (Ihtilam); he has no authority before that. This is the view of most scholars, including Al-Thawri, Al-Shafi'i, Ishaq, Ibn Al-Mundhir, and Abu Thawr. The rationale is that guardianship requires a complete state, as it involves enforcing dispositions concerning the rights of another person based on their welfare. Since the minor is subject to guardianship due to deficiency, he cannot hold guardianship, similar to a woman.

Supporting text

There is another narration from Imam Ahmad suggesting that if a boy reaches ten years old, he may contract a marriage, marry, divorce, and his agency in divorce is validated. This is supported by the description that those deprived of guardianship are specified as children, and it is reasoned that since his selling, bequest, and divorce are valid, his guardianship should also be established, similar to an adult.