The Mother’s Guardianship in Nikah

Question

Hinda’s parents lived in Jabalpur, and Hinda was born there. When Hinda was 6 months old her father died, and on the advice of people her mother married Hinda off, at the age of three, to Shafiq al-Islam: the nikah of Shafiq al-Islam with Hinda was recited and the customs of nikah were performed. After the nikah Hinda lived with her mother in Jabalpur for two more years.

Answer

Since Hinda, on reaching maturity, did not have the nikah that her mother had contracted with Shafiq al-Islam annulled under khiyar al-bulugh (the option of puberty), that nikah has become binding (lazim) according to the Sacred Law. Without a talaq (divorce)

Source: Fatawa Mahmudiyya

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