Is a marriage valid when the guardian offers one daughter, Aisha, but the groom intends to marry the younger daughter, Fatima?
General Chapter
Al-Mughni
Book of Marriage
Primary text
The marriage is invalid if the guardian states, "I married you to my daughter Aisha" (intending the younger daughter), and the groom accepts with the intent for the younger daughter. This opinion is attributed to Abu Hafs. The invalidity is based on two reasons: First, the required words for a valid contract with witnesses were not uttered, resembling cases where only one daughter is named or where the daughter is not named at all. Second, the woman must be specified by something that distinguishes her, and merely naming the sister's name does not distinguish her, but rather diverts the contract away from the specified person. The contract is considered invalid because the acceptance did not correspond to the offer in its specified form.
Supporting text
Al-Qadi holds that the marriage is valid for the daughter intended by both parties. This view is rejected because the contract lacks the necessary clear specification.