The talaq of a minor does not take effect

Question

There is a girl; (suppose) her nikah was performed with a minor boy, and at present the boy is still a minor: the boy is thirteen years old, while the girl has already reached maturity. For about two years now the boy has been struck by paralysis from the navel downwards. The girl’s family (lit. “heirs”) want to obtain a talaq. What way is there now for this?

Answer

There is no way at present; when the boy becomes an adult, then let talaq be obtained from him. The sign of maturity is nocturnal emission (ihtilam) and ejaculation (inzal); if this sign does not appear, then upon reaching fifteen years of age the Shari‘a gives the ruling of maturity. A minor has no right to give talaq; if his guardian (wali)

Source: Fatawa Mahmudiyya

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