The Forced Nikah of a Minor Girl and the Details of Khiyar al-Bulugh

Question

Hinda’s nikah was performed while she was a minor, in circumstances where her guardians recognised by the Shari‘a were displeased. Hinda’s maternal aunt performed Hinda’s nikah by force, without her consent, but Hinda kept refusing throughout. When the time came for the bride to be sent to her husband’s home, Hinda refused then too, and because of her displeasure her send-off was postponed. So Hinda to this day, that is, for a period of about six years now, refuses to go to that man.

Answer

If at the time of the nikah the mother did not approve it but rejected it, then this nikah ended at that very time. If the mother kept silent and the girl rejected it upon reaching maturity, then too it became void. Now let her be given in marriage elsewhere with the girl’s permission. This is when the girl has no guardian from among the ‘asaba (male agnatic relatives)

Source: Fatawa Mahmudiyya

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