A Girl’s Refusal after Giving Permission for Nikah

Question

Question: Zayd’s daughter Zaynab was married to ‘Umar, but at the time of the nikah Zaynab’s wishes were not ascertained by any means; rather, Zayd himself pronounced the acceptance (qabul) on her behalf at the nikah gathering. Zayd says that one day before he had asked his daughter and she was agreeable to a nikah with ‘Umar. But Zaynab says: “I never expressed willingness,” and the moment the news of this nikah reached Zaynab, she immediately declared: “I do not consent to this nikah.

Answer

If the girl is a virgin and her father said to her about the nikah: “I want to conclude your nikah with such-and-such a young man. Do you agree?” — and in response the girl did not express willingness, as she herself states, but neither did she refuse, rather she remained silent, then this too is permission on her part. Her refusal now is of no avail.

Source: Fatawa Mahmudiyya

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