Forced Nikah of a Widow

Question

A widow was forcibly married to a minor without her consent, and her thumbprint was also recorded, but she kept saying: “Even if you do not put even a sari (a woman’s garment of a long draped cloth) on me, I will still not stay at his place.” Then she lived in his house for a year, because the widow was the wife of the brother of the very one to whom she had been married. Those who had performed the forced nikah then, of their own accord, married her again to where she was agreeable.

Answer

If even after the nikah she refused and was not agreeable, then that nikah was not valid, and the nikah that was later performed where she consented is valid and correct. But if she became agreeable once the nikah had taken place, then the nikah became valid and binding, and the nikah that was then performed elsewhere is not valid.

Source: Fatawa Mahmudiyya

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