Is a marriage valid when the guardian intends the elder daughter (Aisha) but the groom intends the younger daughter (Fatima)?
General Chapter
Al-Mughni
Book of Marriage
Primary text
The marriage is invalid when the guardian intends the elder daughter but the groom intends the younger daughter. This is analogous to a situation where one requests a specific woman in marriage and is married to another, because the acceptance was directed toward someone other than the person to whom the offer was made. The contract made via the utterance relates to the elder daughter, and there is nothing to divert it to the younger one.
Supporting text
It is held that the marriage might be valid if there was no prior context, such as a proposal, that would direct the acceptance toward the younger daughter. If the contract's wording only addresses the elder daughter and nothing diverts it, the marriage is valid, similar to cases where both parties intended the specified person.