A Girl Performed the Offer and Acceptance of Her Own Nikah

Question

(1) An adult, sane girl, willingly and eagerly, of her own wish, came from her father’s house together with her cousin — the son of her paternal aunt, who is her equal (kuf’) — and performed the offer and acceptance (ijab and qabul) for a stipulated mahr in the presence of a religious scholar, his wife, an adult son of the respected scholar, the groom’s parents, an adult brother, and the bride’s paternal grandmother.

Answer

(1) This nikah will be contracted according to the Shari‘a; however, it is not proper for a girl who has a father over her to take such a step. [ar]فنفذ نكاح حرة مكلفة بلا رضى ولي[/ar] “The nikah of a free, legally responsible (mukallafa) woman takes effect even without the consent of a guardian” (al-Durr al-Mukhtar). (2)

Source: Fatawa Mahmudiyya

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