Does the ruling guardian (such as the ruler/judge) have the right to contract marriage for an insane woman who cannot be compelled to marry?
General Chapter
Al-Mughni
Book of Marriage
Primary text
There are two views regarding the ruler's authority. One view holds that he does not have the right to marry her under any circumstances because this right is a right of compulsion, which is not established for anyone other than the father, even in a state of sanity. The preferred view is that the ruler may marry her if she exhibits sexual desire for men, whether she is an adult or a minor. This is chosen by Ibn Hamid and Abu Al-Khattab, and is the position of Abu Hanifa, based on the necessity to prevent the harm of desire, safeguard her from indecency, secure her maintenance (mahr and nafaqah), and protect her honor when her consent cannot be obtained. Furthermore, the ruler may marry her if medical experts state that marriage will resolve her ailment, as this constitutes a major benefit for her.
Supporting text
A contrasting view held by Al-Shafi'i is that the ruler cannot marry a minor woman under any circumstances, but he may marry an adult woman if medical experts state marriage will resolve her ailment. The evidence supporting the main view is that the rationale permitting marriage (necessity and benefit) applies to the minor woman just as it applies to the adult woman exhibiting desire.