The nikah of a three-year-old girl

Question

A quarrel and fight broke out between Zayd and Umar over worldly matters. In this fight Umar was killed at Zayd's hand. After that, for the purpose of reconciliation, through Zayd's brother his (lit. “own”) minor daughter, who would have been three or four years old, was married to Khalid, the brother of the slain Umar. Thirteen years have passed since this event, and the girl is living with her parents. Now what is to be ascertained is: is the nikah of this minor girl with the said Khalid permissible or not?

Answer

This nikah has become binding (lazim); it is not correct to have it annulled even by means of the option of maturity (khiyar al-bulugh). However, if Khalid gives a divorce, then a nikah elsewhere will be valid.

Source: Fatawa Mahmudiyya

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