The Method of Obtaining Consent for Nikah from an Adult Woman

Question

Is taking “ikhtiyar-i nafs” (authority over her own person) from the girl one of the necessary requirements of nikah? If this authority is not taken, will the nikah be valid or not? The custom here is that at the time of the nikah the witnesses and the agent (wakil) go back and forth three times between the young man and the girl and get the amount of the mahr reduced; on the third time, however large the mahr may be, and whether or not the young man’s means are equal to it, the mahr is fixed and the nikah takes…

Answer

If the girl is an adult and her guardian says to her, “I am marrying you to such-and-such a young man for such-and-such an amount; do you accept?” and in reply the girl says, “I accept,” or simply says “yes,” or remains silent, that is sufficient; this is also ikhtiyar-i nafs; neither an agent nor witnesses are needed.

Source: Fatawa Mahmudiyya

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