Nikah Without a Guardian

Question

A woman named Hind, adult and a virgin, contracted her own nikah without her father’s permission, because her father wanted to marry her elsewhere and Hind was not agreeable to that. What needs to be ascertained is whether Hind’s nikah took place or not. Those who do not follow taqlid (who follow no madhhab) say that the nikah should be performed elsewhere, and that the first nikah is not valid.

Answer

If the adult Hind married within her own biradari (kinship community) for the customary dower (mahr al-mithl) or more, then according to the Shari‘a this nikah is valid in the view of the Hanafis. If she married outside the biradari, that is, into a lower family, then according to the view on which fatwa is given (mufta bihi)

Source: Fatawa Mahmudiyya

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