What is the legal status of a marriage contracted by a woman without her guardian's consent if a judge subsequently rules it valid?
General Chapter
Al-Mughni
Book of Marriage
Primary text
If a judge rules the contract valid, or if the judge presided over the contract proceedings, it is not permissible to annul the marriage. This applies to other invalid marriages as well. This position is preferred because the issue involves a matter of scholarly disagreement where juristic reasoning is permissible, meaning the judge's ruling should not be overturned, similar to a ruling concerning the right of pre-emption (shuf'ah) granted to a neighbor. The dissenting view is that the contract must be annulled because it contradicts a clear textual ruling, which is a specific position held by Al-Istakhri among the Shafi'i school.