Monday 09/December/2024 – 10:30 AM
She replied Egyptian Fatwa HouseOn a question he received from a citizen, which read: What is the ruling on people of determination marrying people with mental disabilities, and having children after that?
The house said on its official website: It is permissible for a mentally disabled person to get married. Marriage is one of his rights. He is a human being who is filled with emotions and desire, and needs housing, expenses, care, and care. It is not permissible for him to perform the marriage contract himself, but rather his guardian is the one who marries him.
She added: As for the issue of procreation, it is up to the specialists to determine the benefits and harms resulting from procreation or not, or delaying or determining it.
Is it permissible for a mentally disabled person to perform a marriage contract on his own?
She affirmed: Marriage is one of the contracts. Whenever its pillars and conditions are met, it is valid and has its effects. One of the conditions for the validity of contracts is the capacity of the contracting parties. If this capacity is impaired due to the symptom of insanity or imbecility: it is not valid for an insane person – and the like – to initiate the marriage himself, and if he did so, the contract would not be concluded. ; This is because marriage is an act that depends on the correct intention, and it only exists with reason.
She continued: The scholar Al-Kasani Al-Hanafi said in “Bada’i’ Al-Sana’i’” (2/232, ed. Dar Al-Kutub Al-Ilmiyyah): [لا يَنعقد نكاح المجنون والصبي الذي لا يَعقل؛ لأن العقل من شرائط أهلية التصرف] Oh, and because of this lack of capacity, Sharia law has established the authority of guardianship of the insane person to others. In order to achieve its preservation and maintenance, and under this authority, the guardian takes care of the guardian’s affairs related to his person.
