This is permissible when it serves the daughter’s interests. But if it is merely a matter of whim, it is not permissible without her consent, whether she is a virgin or has previously been married.

“If a guardian other than her father marries her off for this amount with her permission, it is valid; but if she does not give permission, she is entitled to the customary bridal gift.” …

His statement, “If a guardian other than her father marries her off for this amount with her permission, it is valid; but if she does not give permission, she is entitled to the customary bridal gift,” means: “If he marries her off”—that is, the woman—“for this amount,” meaning for less than the customary bridal gift, and “a guardian other than him,” meaning someone other than the father, does so “with her permission, it is valid.” However, she must be legally competent—that is, an adult of sound mind who is capable of managing her affairs properly and may make gifts from her property. If she gives permission, it is valid.

For example, a man marries off his sister, whose customary bridal gift is ten thousand riyals, to someone for five thousand riyals. If she approves and is legally competent, there is no objection, because the bridal gift belongs to her and the right is hers, and she has given her permission. Thus, the marriage is valid with the stipulated amount. But if she does not give permission, or if she gives permission while not legally competent—for instance, if she is a minor who has not reached adulthood, or an adult who is foolish, does not understand such matters, and does not appreciate the value of money—then the stipulation is not valid, and she is entitled to the customary bridal gift. This is because the stipulation in this case is invalid: it is below the customary bridal gift and she has not given permission. We have already mentioned the principle in this chapter that whenever the stipulated bridal gift is invalid, the customary bridal gift becomes due. Accordingly, she must be given the customary bridal gift of women like her.

If someone were to ask: Suppose a person appoints another as his agent to sell an item worth one thousand, but the agent sells it for five hundred. What is the ruling on this sale? There is a difference of opinion. We have previously mentioned that some jurists hold that the sale is invalid, because he has undertaken a transaction for which he was not authorized. Yet here the marriage is valid. The answer is straightforward: in the matter of marriage, specifying the bridal gift is not a condition, because we have a principle: if