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The question

What are the most prominent opinions regarding the ruling on an imbecile in the matter of marriage: should he be interdicted or married off?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If a person under interdiction for foolishness (safah) needs to marry, their guardian (wali) should marry them off or permit them to marry. If they do not need to marry, then the guardian should not marry them off, because it would entail financial obligations such as the dower (mahr) and maintenance (nafaqah).

Scholars have differed on the validity of the marriage of a person under interdiction without the guardian's permission. The Hanafis and the Hanbali judge (Al-Qadi) held that their marriage is valid unconditionally. The Shafi'is and Abu Thawr held that it is not valid except with the guardian's permission. The Malikis held that the marriage of a person under interdiction for foolishness is valid, but the marriage is suspended pending the guardian's approval.

According to the Hanbalis, the guardian may compel the foolish person to marry if the foolish person is in need of it.

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Original fatwa ID
166282
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