the people, saying: "Beware of inflating the dowries of women, for the Messenger of Allah (may Allah bless him and grant him peace) did not provide any of his wives, nor any of his daughters, a dowry of more than twelve uqiyah (3)." This occurred in the presence of the Companions, and they did not object to it, so it was an consensus among them that he has the right to marry [a woman] off for that [amount], even if it is less than the equivalent dowry. Sa'id ibn al-Musayyib married off his daughter for two dirhams, and he was among the leaders of the Quraysh in terms of honor, knowledge, and religion, and it is known that it was not her equivalent dowry. [This is] because the intent of marriage is not the compensation, but rather the intent is tranquility and companionship, and placing the woman in a position with someone who will support her (4), protect her, and treat her kindly. It is apparent that the father, with his complete compassion and mature judgment (5), would not decrease her dowry except to achieve the meanings intended by marriage, so he should not be prevented from achieving the intent by the loss of the other [factor]. It differs from other commutative contracts, as the intent therein is the compensation, so its omission was not permissible. As for someone other than the father, he does not have the right to decrease it below her equivalent dowry. If he marries her off for less than that, the marriage is valid; because the corruption or absence of the naming (6) does not affect the marriage, and she is entitled to her equivalent dowry; because it is the value of her private parts, and the guardian does not have the right to decrease it for her, so it reverts to the equivalent dowry (7). And Allah knows best.

Section: The remainder of the dowry is upon the husband; because the naming here is corrupt, as it was not authorized under the Sharia. Therefore, the equivalent dowry became binding upon the husband, just as if he had married her off for a prohibited substance. The guardian bears the guarantee for it; because he is the negligent party, so the guarantee is upon him, just as if he had sold her property for less than its equivalent price. Ahmad said: I fear that he may be a guarantor. The father is not like [any other] guardian, and the woman does not have the right to annulment (faskh); because she has already attained the obligation of her equivalent dowry. And Allah knows best.

1124 - Issue: He said: (And whoever marries off a non-pubescent boy, or one who is mentally deficient, it is not permissible unless his father marries him off, or an executor who is responsible for him in matters of marriage.)

The discussion on this issue is in four sections:

First: It is not for anyone other than the father or his executor to marry off a boy before he reaches puberty. Al-Qadi said in "al-Mujarrad": The ruler has the right to marry him off; because he is the guardian of his property. Al-Shafi'i said: The guardian of the minor has the right to marry him off so that he becomes accustomed to protecting his chastity upon reaching puberty. This is not sound; for other than the father does not (1) have the right to marry off a young girl, so the boy is more deserving [of that restriction]. It differs from the father and his executor, for they have the right to marry off a young girl and possess the guardianship of compulsion (wilayat al-ijbar). It is the same whether the boy (2) permits his marriage or does not permit it, for his permission does not count.

Second Section: The mentally deficient (al-ma'tuh); who is one whose intellect has vanished due to constant insanity, there is no right for anyone other than the father and his executor to marry him off. This is the opinion of Malik. Abu Abd Allah ibn Hamid said: The ruler has the right to marry him off if a craving for women becomes apparent from him, such as by following them and desiring them. This is the school of al-Shafi'i; because that is from his interests, and there is no state in which his permission is awaited. We have already mentioned the justification for both views regarding marrying off an insane woman. It follows from this opinion that it should be permissible to marry him off if medical experts say: "In his marriage is the removal of his ailment." Because it is one of his greatest interests. And Allah knows best.

Third Section: That the father or his executor has the right to marry them both off, whether the boy is sane or insane, and whether the insanity is persistent or occurring. As for the boy who is free from insanity, we know of no disagreement among the people of knowledge that his father has the right to marry him off. This is what Ibn al-Mundhir said. Among those whose school this is, is al-Hasan.