Guardianship of an Insane Person

Question

The girl’s name is Sakina. The boy’s father is insane, and the girl’s mother works hard and raises her children. When the girl’s nikah was performed, the girl was four or five years old. So we wish to know whether this nikah is permissible according to the Shari‘a or not, because the girl too wants not to go there: 5 or 7 people gathered and spoke to the girl, and the girl replied: “I will not go into that house; if you force us, we will throw ourselves into a well and die.

Answer

If at the time of the nikah the girl’s father was not insane but in his right mind, then that nikah became valid and binding (lazim); she has no right to have it annulled, and until the husband gives a divorce, a nikah elsewhere cannot take place.

Source: Fatawa Mahmudiyya

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