He replied:

According to the four schools, the validity of a marriage does not depend on having witnesses attest to the woman’s permission before the marriage, apart from a weak opinion within the schools of al-Shāfiʿī and Ahmad. Rather, he said: If the guardian says, “She has given me permission,” the marriage contract may be concluded, and witnesses may attest to the guardian and the husband entering into it. If the woman subsequently denies having given permission, the marriage remains established. This is the position of al-Shāfiʿī and the well-known position reported from Ahmad.

According to Abū Hanīfah, Mālik and one report from Ahmad, however, if she had not given permission before the marriage contract was concluded, it is valid. This is called “the question of contracts held in abeyance.” The same disagreement applies when a slave marries without his masters’ permission.

As for “compatibility in lineage,” Mālik takes lineage into account. According to Abū Hanīfah, al-Shāfiʿī and one of the two reports from Ahmad, such compatibility is a right belonging to the wife and both parents. If they agree to someone who is not a compatible match, the marriage is valid. According to Ahmad, it is a right of Allah, and the marriage is therefore invalid where such compatibility is lacking. And Allah knows best.

He—may Allah have mercy on him—was asked:

“A man married his brother’s daughter to his own son. The husband is an evildoer who does not pray. They intimidated her until she gave permission for the marriage, telling her, ‘If you do not give permission, you will be married off under Islamic law without your consent.’ He now takes her property and prevents people, including her mother and others, from visiting her to ascertain her circumstances?”