What is the validity of a marriage contracted by the restricted person without permission when he has a need for it?
General Chapter
Al-Mughni
Book of Marriage
Primary text
If the marriage is contracted without permission when the restricted person has a need for marriage, the opinion attributed to Abu Bakr, which Ahmad alluded to, states that the marriage is valid. The ruling depends on the existence of need; if there is no need, the marriage is invalid as it constitutes a harmful dissipation of wealth without benefit. If the spouse engages in marital relations, the husband is liable for the dower commensurate with the standard (mithl), because he has impaired her virginity under a mistaken belief (shubha), thus requiring compensation for the damage inflicted, similar to damaging her property.
Supporting text
The opinion of the Shafi'i school holds that if seeking the guardian's permission was possible, the marriage is invalid without it, as the person is restricted and cannot conclude transactions without authorization, similar to a slave. There are two established views regarding the situation where the guardian refuses to facilitate the marriage upon request. The sound position holds that since the need for marriage is a designated right, the restricted person is entitled to exercise it himself, just as he can claim a due debt when his guardian refuses to do so.