The Nikah of an Adult Woman Is to Be Concluded with Her Permission

Question

Question: The parents of a woman named Nur Begum marry her to a man named Nuru. But after some time Nuru divorces (talaq) his wife Nur Begum and separates from her. Nur Begum comes to her father Nathu. After she completes her ‘idda, Nur Begum’s father Nathu marries her elsewhere, to a man named Abdul. She conceives by Abdul, but when the pregnancy reaches four months, a severe quarrel breaks out between Abdul and Nur Begum (husband and wife)

Answer

If an adult girl contracts her own nikah within her biradari for the mahr al-mithl (customary dower), it is valid and takes effect (nafidh) and does not remain dependent on her father’s permission. And according to the Shari‘a the father is not allowed to marry an adult daughter anywhere without her permission: the consent of an adult girl is necessary in every case.

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.