If a father marries his daughter to a non-competent match, who has the right to annul the contract?
General Chapter
Al-Mughni
Book of Marriage
Primary text
If the marriage is deemed valid despite the lack of competence, the adult daughter has the option to annul the contract, but her father does not if he was aware of the non-competence, as he has waived his right through consent. If the daughter was a minor, the father must seek annulment, and his right is not waived by his consent because the annulment is for her interest, and her right is not waived by his consent. Another possibility is that he does not have the right to annul, but the consummation is prevented until she reaches maturity and chooses.
Supporting text
If there is a guardian other than the father, she has the right to annul the contract as previously described. Regardless of the narration concerning competence, it is impermissible for the guardian to marry her to a non-competent man or a defective man because God appointed him in her place to oversee her interest due to her inability to manage herself. Therefore, he cannot do what offers her no benefit, just as with her wealth. Since his disposition of her wealth without her benefit is forbidden, the same applies more strictly to her person.