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The question

What is the ruling on the guardianship of a mentally incapacitated father (suffering from a mental illness) over his daughter in marriage, and what is the ruling on his previous contracts? To whom does the guardianship transfer in the event of its invalidity: to her grandfather or to one of her sons? And does it transfer immediately without recourse to the ruler?

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

An imbecile is someone deficient in intellect, confused in speech, and corrupt in management. Such a person may not have the authority (wilayah) to contract marriage. If the father is an imbecile, the guardianship (wilayah) transfers to the next closest guardian. As for previous contracts made by the imbecile, they must be renewed by the legal guardian. Children resulting from cohabitation due to شبهة (misapprehension of legality) are attributed to their father. Scholars differ regarding the validity of an imbecile's other actions, such as financial contracts. Some do not consider them valid at all, while others deem their validity contingent upon the guardian's permission if the imbecile comprehends buying and selling.

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Ftawy
Original fatwa ID
61324
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