Can a guardian marry a woman to a man with a defect without her consent?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
The guardian cannot marry a woman to a man with a defect without her consent. This is without known dispute. The rationale is that the woman possesses the right to annul the contract upon learning of the defect after its conclusion; therefore, preventing the marriage initially is more appropriate. Furthermore, if the woman desires to marry a man with a defect, the guardian has the right to prevent her, according to one narration from Ahmad, as he dislikes contracting her to one who is impotent (a'nin), even if she consents now, because she may come to resent him after consummation. This is because the harm in such a case is perpetual, and consent is not guaranteed to last, potentially leading to strife affecting her guardian and family. Thus, the guardian possesses the right to prevent it, similar to marrying her to someone not of equal standing (kafu'). The preferred view is that the guardian can prevent the marriage in all cases where a perpetual harm and disgrace that affects her family exists, resembling marriage to a non-Kafu'.
Supporting text
One view permits the guardian no right to prevent her if the defect is specific to her, such as impotence (majbub or a'nin), because the right belongs solely to her and the harm is private. Regarding leprosy (abrass) or contagious skin disease (majdhūm), there are two opinions: one holds the guardian cannot prevent it as the harm is hers alone; the other holds he can prevent it because the defect causes him public shame and raises concern for progeny, aligning it with marrying a non-Kafu'. A second view states the guardian has no right to prevent her if she desires to marry a defective man, as the right belongs to her.