Nikah without the Permission of the Nearest Guardian

Question

A minor girl has elder brothers who are adults. The elder brother was not at a masafa munqati‘a (a distance at which contact with him is cut off); rather, the matter was deliberately concealed from him, and the younger brother was present at home. But he gave no permission to the one who performed the nikah, nor did the respected qadi ask the younger brother for it, because he had been told that the girl was mature; the permission was given by the grandmother (the paternal grandmother)

Answer

If the girl is a minor, then in the situation asked about her nikah is mawquf (suspended) on the permission of a brother — whichever brother gives permission; with the permission of the girl or of her grandmother the nikah will not become binding (lazim).

Source: Fatawa Mahmudiyya

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