Performing the Nikah of a Girl Despite Her Refusal

Question

A girl who had already been married — she is 22 years old — was staying with her parents when her husband passed away. On receiving this news she came to her in-laws’ house, where she forgave her husband the mahr and completed the days of her ‘idda. After the ‘idda was complete, she was forced to marry one of her husband’s younger brothers, who is 16 years old and is married, but she refused outright. Those forcing her were none other than her in-laws. The girl’s wish was to marry her husband’s paternal cousin.

Answer

If an adult girl was married, lived with her husband and then became a widow, then after the ‘idda her permission is necessary for her nikah; no one has the right to marry her off without her permission. If her permission is sought, her remaining silent in reply will not count as permission — that is, even if her guardian (wali), her father, asks her, silence is not sufficient.

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.