The Ruling on a Mother’s Bequest Concerning Nikah

Question

Zayd’s wife, while in good health, asked Zayd about the nikah of her minor daughter: “Do you intend to marry her into ‘Umar’s family?” Zayd said: “Whatever your intention is, that is my intention too.” Zayd’s wife said: “I am displeased with that.” After this, Zayd’s wife, at the time of her death, made a bequest to just one sane adult woman that the said girl should not be married into ‘Umar’s family: “If this is done, I will be clutching at the hem on the Day of Gathering (hashr).

Answer

According to the Shari‘a this bequest carries no weight. Whatever kind of right of guardianship Zayd had over this girl before, he has the same now; that is, in his capacity as father, just as during his wife’s lifetime he was entitled by his own choice to conduct the nikah against his wife’s wishes, so is he now.

Source: Fatawa Mahmudiyya

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