The Option of Puberty for a Minor Girl Because of the Husband’s Bad Character

Question

The nikah of Muhammad Shafi‘ and the said ‘Inayat Bi was concluded, on account of their minority, by their guardians with their own permission about twelve years ago. At the time of the nikah Muhammad Shafi‘ was eight years old and the said woman four. However, Muhammad Shafi‘’s moral state has become entirely contrary to the Shari‘a: for example, shaving the beard, drinking wine, abandoning prayer altogether, and so on; that is, Muhammad Shafi‘’s conduct is extremely bad, because of which the said ‘Inayat Bi…

Answer

If the nikah of the said Bi was concluded by her father or grandfather, then it cannot be annulled; rather, it has already become binding (lazim). Now, as long as Muhammad Shafi‘ does not give a talaq, a nikah elsewhere is by no means permissible: either let her go to him, or obtain a talaq from him — by persuasion, by inducement or by intimidation, in whatever way it may be —…

Source: Fatawa Mahmudiyya

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