Nikah Performed by a Non-Guardian

Question

My paternal cousin Muhammad ‘Umar Khan’s son, Kalamuddin Khan, who has died, has left two daughters and a wife: (1) daughter Sarwari, who is four or five years old; (2) daughter Qaysari, who is two and a half years old. The marriage contract of both these girls has been concluded. Sarwari’s nikah was performed by Muhammad Zahir Khan, acting as guardian, on his own authority. Qaysari’s nikah was performed by Sanaullah, acting as guardian, on his own authority.

Answer

The nikah of Qaysari performed by Sanaullah Khan has become valid; according to the Shari‘a he possesses guardianship (wilaya) in nikah. The nikah of Sarwari performed by Muhammad Zahir Khan is suspended (mawquf) upon the permission of Sanaullah and Janullah. If either of them approved it, it has become valid; if either rejected it, it became void and ended at that very moment.

Source: Fatawa Mahmudiyya

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