Forced Nikah of a Girl

Question

(1) A certain oppressor, out of enmity, forcibly carried off a twelve-year-old girl from outside, from the forest, and without the girl's consent and without the permission of her heirs (warithin) had her nikah performed, to the extent that the girl's parents and heirs do not even know anything about it; rather, they are searching day and night for this missing girl.

Answer

(1) According to the Shari'a this nikah is not valid. The person who read this nikah despite knowing is a grave sinner. If the girl is adult, no one has the right to compel her: [ar]لا تجبر البالغة البكر على النكاح لانقطاع الولاية بالبلوغ[/ar] "An adult virgin is not compelled to marry, because guardianship (wilaya) ends with puberty" (al-Durr al-Mukhtar, vol. 2, p. 489).

Source: Fatawa Mahmudiyya

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