Q 4: A young woman is suffering from occasional insanity.
Many suitors have proposed to marry her but all the proposals were turned down because the family is hesitant about informing the suitor of her illness. Thus, the opportunity of marrying her to a suitor is lost. The family prefers to marry her off to a handicapped person who will accept to marry her. A sterile person has asked her hand in marriage. Her cousin, who knows about her illness, has also proposed to her. The problem is that the cousin's mother is also suffering from the same illness. When we asked the opinion of the doctor, he advised us not to marry the woman to her cousin as the possibility of the mother giving birth to children with the same illness can not be ruled out.The question is: What is the ruling of Shari`ah (Islamic Law) on this marriage? If the woman happens to give birth to a mentally disabled baby, will we be held responsible for that since we helped to facilitate the marriage? (Part No. 18; Page No. 194)
You should not deprive the young woman of marriage. You should give her in marriage to her cousin while entrusting the affair to Allah (Exalted be He). You do not have to pay heed to the doctor's advice which is based on probability. This marriage will be in the best interest of the two parties and will also protect the woman from celibacy. The marriage will still be conditional on her consent to marry the man whom her Waliy (a legally accountable person acting for a woman regarding marriage) chooses for her. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.