عربي
26 ربيع الأول 1441  ,  23 تشرين الثاني 2019

Fatawaa


Fatwa Number : 3105

Subject : Ruling on the Marriage of the Insane

Classified : Conditions of marriage

Fatwa Type : Search Fatawaa


Question :

What is the ruling of Sharia on the marriage of the insane?


The Answer :

All perfect praise be to Allah, The Lord of The Worlds; and may His peace and blessings be upon our Prophet Mohammad and upon all his family and companions. Indeed, sanity is one of the greatest graces that Allah has conferred on mankind. It is why we are called to account in the life of this world and the life to come, and it is the very faculty which enables man to distinguish good from evil. Allah, The Almighty, says(what means), "Behold! in the creation of the heavens and the earth; in the alternation of the night and the day; in the sailing of the ships through the ocean for the profit of mankind; in the rain which God Sends down from the skies, and the life which He gives therewith to an earth that is dead; in the beasts of all kinds that He scatters through the earth; in the change of the winds, and the clouds which they Trail like their slaves between the sky and the earth;- (Here) indeed are Signs for a people that are wise."{Al-Baqarah/164}. Islamic Law has laid down certain provisions for the insane to live by and to lead an organized life as well. In fact, there are different situations as far as the marriage of the insane is concerned. If he has reached the age of puberty and sometimes regains sanity, then it is permissible to conclude his marriage contract, with his consent, once he is in that state. However, if he was totally insane, then it is permissible for his guardian to conclude his marriage contract in order to ward off the harm that may result from keeping him unmarried and to achieve the benefit of marriage. Al-Khateeb Ash-Shirbini, a Shafie scholar, said, "If the guardian realizes that there is a benefit behind concluding the marriage contract of the insane, then he should do so."{Moghni Al-Mohtajj,(4/280)}. Accordingly, it is permissible to conclude the marriage contract of the insane with the permission of the judge if an official report proves that it is in his best interest. Article(12) of the Jordan Civil Status Law stated, "The judge, after examining each case in detail, may permit the marriage of the person inflicted with insanity, defect, or mental retardation in case an official report proves that marriage is in his best interest, his condition can`t be transmitted to his offspring, and he doesn`t represent a threat to his wife." And Allah knows best.




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