Hinda’s Nikah on the Permission of Another Woman

Question

Hinda’s nikah was performed without her permission. The agent (wakil) and the witnesses all went to obtain permission, and instead of Hinda another woman said that the nikah should be performed. After that she went with that man and stayed there only two nights. About two years have passed since then. Now Hinda is not prepared to go there and says that her nikah with him did not take place, that she did not give permission.

Answer

If Hinda did not give permission at the time of the nikah, and rather another woman gave permission, then that permission carries no weight. Then, if after the nikah was performed, when Hinda learned of it, she refused and said, “I do not accept this nikah,” then according to the Shari‘a that nikah did not take place.

Source: Fatawa Mahmudiyya

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