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There Is No Khiyar al-Bulugh in a Nikah Contracted by the Father

Question

Zayd gave his minor daughter in marriage. The bride’s send-off to her husband’s home had not yet taken place when the boy, a minor, is entering into a second marriage and does not take this girl to his home. Can the girl, upon reaching maturity, annul her nikah herself or not?

Answer

At present the boy and the girl are both minors. What need is there for the bride’s send-off to her husband’s home? The nikah which the father contracted in the state of minority became binding (lazim) and valid, and neither the boy nor the girl can annul it. If upon reaching maturity the boy does not take her to his home, then the ruling should be asked about.

Source: Fatawa Mahmudiyya

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