The Option of Puberty in a Nikah Concluded by the Paternal Uncle

Question

Imam al-Din married his minor niece (his brother’s daughter) to Gul Ahmad. At that time the bride was eleven and a half years old. Now that she is 21, she has filed a suit for annulment of the nikah, on the grounds that the nikah concluded by her uncle is against her will: “Therefore let the court, under the section on the option of puberty (khiyar al-bulugh), permit me to marry elsewhere and declare the first nikah void.

Answer

If the orphan girl has no grandfather or brother, then guardianship in nikah belonged to the paternal uncle. The nikah the uncle concluded took effect. The orphan girl had the option of puberty (khiyar al-bulugh).

Source: Fatawa Mahmudiyya

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