Denying the nikah out of fear of father and brother

Question

The gist of the question is this: one ‘Abd al-Hamid and one Wahida wished to conclude their nikah themselves, of their own accord. One day Wahida, at her father’s house, in the presence of one adult Muslim man and two adult Muslim women, addressed ‘Abd al-Hamid and said: “I have made my nikah with you.” ‘Abd al-Hamid said in reply: “I have accepted.” This proposal and reply took place in one and the same place, and the witnesses heard it.

Answer

When the offer and acceptance (ijab and qabul) of the nikah took place before one man and two women, and this nikah was with an equal match (kuf’), it is legally valid and binding (lazim). Neither the girl’s parents nor anyone else can call it invalid. Now the girl’s denial too is of no legal consideration; after this, Wahida’s nikah cannot take place with any other person.

Source: Fatawa Mahmudiyya

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