The Grandfather’s Guardianship in Nikah While the Father Is Present

Question

My father, without taking my permission, himself — the grandfather — contracted the nikah of my minor daughter, who was 3 years old; neither the boy made the offer and acceptance (ijab and qabul), nor the girl, nor did I give permission. Can the nikah be valid in this case or not?

Answer

This nikah is mawquf (suspended) upon your permission: rejecting it or putting it into effect is in your hands. [ar]الولي في النكاح العصبة بنفسه بلا توسط أنثى على ترتيب الإرث والحجب[/ar] “The guardian in nikah is the agnatic heir (‘asaba) in his own right, without the intermediary of a female, in the order of inheritance and exclusion (hajb)” (“Tanwir al-Absar”).

Source: Fatawa Mahmudiyya

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