Sparked by this question I did some reading up on marrying off young girls. I'm posting unabridged sections from Reliance of the Traveler to give the full context of my question. My question is at the end of the post and concerns what comparable rulings, if any, other madhahib have in these regards. I will post a short summary of the aspects of the quoted text that are relevant to my question under "Summary" at the bottom of the post as well.
Section m3.13 of Reliance of the Traveler reads:
m3.13 Guardians are of two types, those who may compel their female charges to marry someone, and those who may not.
(1) The only guardians who may compel their charge to marry are a virgin bride's father or father's father, compel meaning to marry her to a suitable match (def: m4) without her consent.
(2) Those who may not compel her are not entitled to marry her to someone unless she accepts and gives her permission.
Whenever the bride is a virgin, the father or father's father may marry her to someone without her permission, though it is recommended to ask her permission if she has reached puberty. A virgin's silence is considered as permission.
As for the nonvirgin of sound mind, no one may marry her to another after she has reached puberty without her express permission, no matter whether the guardian is the father, father's father, or someone else.
Section m3.14 is missing in the translation; it's possible that section m3.14 is the two paragraphs starting at "Whenever the bride is a virgin..." in the above quote. Section m3.15 discusses cases where the decision of the guardian and the virgin on who she is to be married to clash with each other:
m3.15 No guardian may marry a woman to some one who is not a suitable match (def: m4) without her acceptance and the acceptance of all who can be guardians (def: m3.7). If the Islamic magistrate is her guardian, he may not under any circumstances marry her to someone who is not a suitable match for her.
If the bride selects a suitor who is not a suitable match for her, the guardian is not obliged to marry her to him. If she selects a suitable match but her guardian chooses a different suitor who is also a suitable match, then the man chosen by the guardian takes precedence if the guardian is one who may lawfully compel her to marry (def: m3.13(1)), while the one she selects takes precedence when the guardian may not lawfully compel her to marry (m3.13(2)).
Sections m4.0 to m4.2 read:
m4.0 (N: The definition of a suitable match should not be misunderstood as a recommendation for whom to marry. It is merely a legal restriction to protect a woman's interests when the father or grandfather of a virgin marry her to someone without her consent (dis: m3.13,15). As for when she wishes to marry someone who is not a suitable match, and her guardian has no objection, there is nothing wrong or offensive in her doing so.)
m4.1 Suitability concerns lineage, religiousness, profession, and being free of defects that permit annulling the marriage contract (def: m7). (N: As for color, it is of no consideration in suitability.)
m4.2 The following are not suitable matches for one another:
(1) a non-Arab man for an Arab woman (0: because of the hadith that the Prophet (Allah bless him and give him peace) said, "Allah has chosen the Arabs above others");
(2) a corrupt man (def: 024.3) for a virtuous woman (0: though it is sufficient for the would-be husband to have given up his wrongdoing);
(3) a man of a lowly profession for the daughter of someone with a higher profession, such as a tailor wanting to marry a merchant's daughter (A: though an Islamic scholar is a suitable match for any level whatever);
(4) or someone with a defect that permits annulling the marriage (def: m7) for someone without such defects. Being wealthy has nothing to do with suitability (0: for money comes and goes, and those with self-respect and intelligence do not take pride in it), nor does being elderly.
Sections m4.3 to m4.5 discuss matters that are irrelevant to my question. Section m7 talks about reproductive defects, insanity, or severe bodily defects/illnesses as being grounds for annulment.
Summary: According to the shafii legal manual Reliance of the Traveler, if the father or grandfather of a virgin is her wali (legal guardian), he may marry her off to someone who is a suitable match without her consent. Any man is a suitable match, barring the listed reasons of unsuitability; in particular, old age and lack of wealth are not barriers to suitability.
Question: What is the fiqh (jurisprudence) in these regards in the other madhahib (schools of law), i.e.:
- can anyone marry off a virgin without her consent?
- who can she not be married off to without her consent?