Khiyar al-Bulugh for a Minor Girl

Question

Zayd married a woman, Hinda, who had with her her suckling daughter Safiyya, and he went on raising the suckling Safiyya; then, while she was a minor, Zayd also gave Safiyya in marriage. Zayd is not even from Safiyya’s family; rather, Hinda presents herself as a new Muslim. Zayd also sent the minor Safiyya to her in-laws’ home. There, strife and trouble kept occurring: Safiyya’s husband would at times turn Safiyya out of the house, and at times Safiyya herself would leave her in-laws’ home.

Answer

This is a nikah by a fuduli (a person acting without authority). Its ruling is that it is suspended (mawquf) on the permission of the guardian (wali) recognised by the Shari‘a. If this girl has no guardian from among the ‘asaba (male agnatic relatives), then her mother is her guardian.

Source: Fatawa Mahmudiyya

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