Silence Is Not Permission When a Non-Guardian Seeks It

Question

Hinda is an adult and divorced. After the ‘idda had passed, her nikah was contracted with a paternal uncle of distant kinship. This adult Hinda was not content, even before the nikah, with a nikah to this uncle. Hinda had no guardian other than her mother and maternal uncle. Zayd, without the permission of Hinda’s mother and maternal uncle, acting as guardian, appointed Muhammad Samir as agent and sent two witnesses.

Answer

The first nikah, as the respected scholar wrote, was impermissible, that is, it was not concluded. Then, if the second nikah is with Hinda’s permission, it is correct.

Source: Fatawa Mahmudiyya

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