Khiyar al-Bulugh (the Option upon Reaching Maturity)

Question

What will the situation be under present conditions where the government is non-Muslim and, in place of an empowered Shari‘a qadi, there is a non-Muslim, non-Shari‘a ruler? Namely: after the father’s death, the brother of a minor girl contracted the nikah of Zayd, while he was a minor, with that girl. On reaching maturity the girl announced her aversion to this nikah, and the husband and his parents were informed of it.

Answer

If the girl expressed her displeasure with this nikah immediately upon reaching maturity and is not willing to go to her husband’s home, she should present this case before some just, empowered Muslim ruler, and that ruler will annul (faskh) this nikah; without annulment by a Muslim ruler the annulment will not take place. And once he annuls it, the woman may marry elsewhere.

Source: Fatawa Mahmudiyya

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