Does a woman retain the right to annulment if the emancipation was partial and her spouse consummated the marriage?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
According to the position of Al-Qadi and his companions, the right to annulment remains, even if consummation occurred, because the incapacitated woman or minor had no considered opinion, and her allowing consummation is not evidence of consent. This differs from a sane adult woman. Furthermore, the spouses are not prevented from consummating the marriage with them.
Supporting text
The apparent view of Al-Khiraqi suggests that if the spouse consummated the marriage, the right is lost because the period for the option has passed.