Is a marriage valid if both parties agree to the husband having a defect?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
If both the husband and wife agree to the marriage despite the defect, the marriage contract is valid and sound because the right belongs entirely to them and is not outside their control.
Supporting text
Despite the validity, the marriage is disliked (Makruh) because, as Imam Abu Abdullah stated, although she consents now, she may come to resent it later. It is likely that other guardians (awliya') also have the right to object and prevent such a marriage because the disgrace affects them and harm reaches them, similar to when a guardian marries her to someone not of equal standing.