Permission for Nikah Taken from the Guardian by Force

Question

(1) The nikah of a certain girl came about as follows: when she was a minor, her guardian was boycotted and a false case was brought against him; in court he was greatly distressed, and several men seized him and took permission for the nikah from him by force. This permission was taken from the father. (2) Did the girl’s nikah take place in this case or not? (3) Can this woman marry another man of her own choice or not? (4) On reaching puberty the girl refused the nikah?

Answer

(1, 2) In the case asked about, that nikah is valid. [ar]زوجها أولياؤها وهم مكرهون جاز النكاح[/ar] “If her guardians married her off while under coercion, the nikah is valid” (“Bada’i‘”, vol. 7, p. 185). (3) As long as the husband does not divorce (talaq)

Source: Fatawa Mahmudiyya

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