The Permission of a Displeased ‘Asaba for a Nikah

Question

Hinda’s husband Zayd has died, and he has several daughters, all of whom except one are married. One daughter is still a minor and unmarried. Concerning her nikah, Zayd during his lifetime made an oral bequest to his wife Hinda in the presence of two of his married daughters: “Marry this minor girl to the son of so-and-so, Khalid.” Let it be clear that Zayd has no brother at all; there is one nephew (a brother’s son)

Answer

The nephew, because of his displeasure, has dissociated himself, and he has no concern at all for this minor girl. If there is a need and benefit (maslaha) in the minor girl’s nikah, then in the present situation, if the deceased’s paternal uncle gives permission, the nikah can be valid. The mother’s permission alone, on the basis of the deceased’s bequest, is not sufficient.

Source: Fatawa Mahmudiyya

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