The Nikah of an Adult Woman Without Her Consent and a Talaq Pronounced by a Minor’s Guardian

Question

A woman named Ramazanu, daughter of Nathu, was widowed. When her ‘idda ended, her father contracted her nikah with her brother-in-law (her late husband’s younger brother) named Jama‘at ‘Ali, and then the father told the girl, “I have contracted your nikah with Jama‘at ‘Ali” — who was a minor; that is, Jama‘at ‘Ali was ten years old at that time, while the girl was an adult. The girl expressed displeasure at this and refused.

Answer

The father has no right to contract her nikah by compulsion, without her consent. So if the girl, on receiving news of the nikah, rejected this nikah, it was rejected; now there is no need for a talaq, and marrying elsewhere is permissible.

Source: Fatawa Mahmudiyya

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