He replied:

None of the leading jurists whose opinions are relied upon in issuing fatwas declared this permissible. However, in the early days of the “Seljuk” dynasty, a group of Hanafī and Shāfiʿī jurists issued fatwas permitting it. Abū Muhammad ibn Hazm reported in “his book” that the scholars unanimously agreed that it was forbidden.

“Nūr al-Dīn Mahmūd, the Turkish martyr,” abolished all the newly imposed levies in Syria, Upper Mesopotamia, Egypt, and the Hijaz. He was exceptionally knowledgeable about jihad. It was he who restored Islam after the “Franks and Qarmatians” had seized even more extensive territories.

Someone who acts according to what he believes permissible on the basis of a defensible interpretation—particularly when he is in need—is not deemed sinful merely for doing so. Nevertheless, a guardian may prevent the woman under his guardianship from marrying someone who receives income of this kind which the guardian believes unlawful, especially since her maintenance would come from it. If, however, the husband provides her food from another source, or she obtains her food elsewhere, the guardian may marry her to him, provided that the husband relies on an interpretive justification concerning what he consumes.

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

A man married his daughter to someone without knowing his true character. The husband lived with his wife for years, and then the guardian and the wife discovered his filthiness, corruption, wine-drinking, lying, and treacherous oaths. She subsequently became irrevocably divorced from him through a threefold divorce. May the guardian proceed to marry her to him again, or not? The guardian has repeatedly called upon the husband to repent, but he has broken his pledges and has not mended his ways. Is it lawful to marry her to him?