Does the existence of suitability conditions matter if the closest guardian contracts the marriage without it?
General Chapter
Al-Mughni
Book of Marriage
Primary text
If the closest guardian contracts the marriage to someone unsuitable, the other guardians (like brothers) have the right of dissolution (Faskh). This is because the occurrence of shame due to the lack of suitability affects all guardians in their capacity as guardians.
Supporting text
Malik and Al-Shafi'i held that the other guardians do not have the right of dissolution if the nearest guardian contracted the marriage, arguing that the distant guardian's consent is not considered as he has no right if the nearest one acts. However, the sounder view is that every guardian's consent is required, and one's right is not nullified by another's consent, like the woman's right relative to the guardian.