The Nikah of a Widow Without Explicit Permission

Question

It is not generally customary to take verbal permission for nikah from an adult widow. Most often the widow’s in-laws, that is, her late husband’s elder brother, her father-in-law and the like, consider it their right to marry her off wherever they wish or to leave her sitting unmarried. So far from asking her verbally, it is not even mentioned to her: the husband’s younger brother, his elder brother and the like have the nikah recited on their own permission.

Answer

No one has the guardianship of compulsion (wilayat al-ijbar) over an adult woman; that is, no guardian (wali) recognised by the Shari‘a — father, brother and the like — can contract her nikah by force without her consent, let alone the husband’s elder brother. If he does so, it will remain suspended (mawquf) upon her permission.

Source: Fatawa Mahmudiyya

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