If suitability is a condition, when must it exist?
General Chapter
Al-Mughni
Book of Marriage
Primary text
If suitability is stipulated as a condition, its existence must be present at the time of the contract. If the lack of suitability occurs after the contract, the marriage is not invalidated, as conditions of marriage are only considered at the time of contracting. If it is absent at the time of the contract, the marriage is void (Fasid), subject to the rulings of void contracts.
Supporting text
If suitability is not a condition, and the woman and all guardians consent, the marriage is valid. If some disagree, there are two views from Ahmad and the Shafi'i school: the first is that the contract is void ab initio because the action infringes upon the rights of all parties without consensus. The second, which is sounder, is that the contract is valid, but the non-consenting party retains the right to dissolve the marriage (Faskh), similar to the right of choice regarding a defect, as exemplified by the woman given the choice by the Prophet (peace be upon him).