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What is the evidence of the jurists regarding the validity of the marriage of an insane person? And is it correct to make an analogy between an insane person and a minor in marriage?

1 min readAlso available in العربية

The four madhhabs (schools of thought) have unanimously agreed on the validity of marrying an insane person when there is a need for it. This is stated in Al-Mughni by Ibn Qudamah Al-Hanbali, who said that an imbecile, defined as someone whose mind is completely gone due to chronic insanity, cannot be married off by anyone other than his father or his guardian. It was also reported from Abu Abdullah Ibn Hamid, and this is the view of the Shafi'i madhhab, that the ruler may marry him off if he shows desire for women. It is mentioned in Takmilat Al-Majmu' Al-Shafi'i that if an insane person does not recover and desires marriage, his father and grandfather may marry him off. If he has neither a father nor a grandfather, the ruler shall marry him off. Al-Kharashi Al-Maliki stated that the father, his guardian, and the ruler may compel an insane person to marry if he needs marriage, not for service. Ibn Abidin Al-Hanafi mentioned that the guardian may marry off an insane person or an imbecile if his insanity is chronic.

This consensus is based on achieving benefit and removing harm from those obligated by the law, which is a great objective of Sharia, and it is not an analogy to a minor.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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