Guardianship over an Adult Woman

Question

Zayd has a daughter whom Zayd, during his lifetime, betrothed to Khalid. Zayd has a younger brother, Bakr; Zayd was very displeased with Bakr. Zayd has died, and now Bakr wants Zayd’s daughter to be married to his son, while Zayd’s wife and daughter do not agree to this, because that young man is worthless and of bad conduct. Zayd’s wife and daughter agree to the nikah with Khalid, since Zayd had betrothed her to Khalid in his lifetime. Zayd’s daughter is now an adult.

Answer

Since the girl is an adult, her paternal uncle can by no means contract her nikah without her consent. If, without her uncle’s consent, she contracts her nikah where her father betrothed her during his lifetime, then this nikah will be valid according to the Shari‘a, and the uncle will have no right of objection in the Shari‘a — provided that this nikah is with an equal (kuf’)

Source: Fatawa Mahmudiyya

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