we know from the circumstantial indications that she must be married off, then she should be married off. The same applies to the insane man: his consent is not stipulated. The sign of his desire for marriage is the circumstantial indications. If we see indications showing that this insane man wishes to marry, we marry him off; there is no need to ask him, “Do you wish to marry?”

Third: the minor, meaning one who has not reached puberty. His consent is likewise not stipulated, because if he has not reached the age of discernment, he is like the insane person, having no discernment. And if he has not reached puberty, then neither his consent nor his objection is considered. Accordingly, a father may marry off his adolescent son without his consent. This is the view adopted by the author.

There is, however, room for consideration in this matter. It is true that the minor has no legally valid permission, because he needs a guardian. But does he need marriage? In most cases, he does not. Minority is a condition expected to cease with puberty, so let us wait until he reaches puberty. As for the insane person and the feeble-minded person, their condition is not expected to cease.

But if someone were to say: Perhaps a minor may need a wife—for example, if his mother has died and the wife will attend to his needs and interests—should we say that in such a case we may marry him off? We say: Yes. In reality, there is benefit in this, and among the objectives of marriage is attending to the husband’s interests apart from intercourse and matters connected to it. We have previously mentioned the account of Jabir, may Allah be pleased with him, in which he married a previously married woman so that she could attend to the affairs of his sisters (1). This shows that marriage has purposes beyond the matter of intercourse. If we accept this, then do we say in such a case that the father may contract a marriage for him with this woman so that she may attend to his interests?