Marrying Off One’s Minor Daughter and Then, after Her Puberty, Marrying Her Elsewhere

Question

The gist of the question is this: a certain Anwar concluded the marriage contract (‘aqd) of his minor daughters, but because of an exchange marriage (an exchange of daughters between families), when the girls reached puberty, he obtained permission from the collector (the district head) and took money, and married them off elsewhere. Then about three or four years later, when two children had already been born to them, the people of the biradari (clan community)

Answer

Since Anwar himself had concluded the nikah of both his minor daughters, it had become valid and binding (lazim). Then, when they reached puberty, he obtained the collector’s permission without any Shar‘i reason and married them off elsewhere — this he did wrongly and sinfully; the second nikah did not become valid at all.

Source: Fatawa Mahmudiyya

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