Permission for Nikah by Action

Question

A minor girl whose mother, father and paternal grandfather have died, and who has only one paternal uncle, lived with her maternal grandfather. After she reached puberty, her maternal grandfather contracted her nikah; but when contracting the nikah, permission was not taken from the girl, nor was she informed of it — and even if she had been asked, out of modesty and shyness she would perhaps not even have answered, since in these parts this is considered very shameful.

Answer

If the girl neither gave permission with her tongue nor rejected with her tongue, but consent was established at the time of intimacy, then this nikah became effective (nafidh) and binding (lazim), provided there is no other impediment. For just as consent is established by word, so it is also established by action.

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.