A Girl Appointing the Young Man as Agent for Her Nikah; Denying One’s Signature after Appointment and Permission

Question

(1) Hinda, who is sane and adult (‘aqila baligha), says the following words to Zayd: “I, so-and-so, aged 16 years, adult, of my own consent and pleasure give you, so-and-so, permission to contract my nikah with yourself before witnesses.” Zayd wrote exactly these words on paper, and Hinda, who has been educated in books such as “Bihishti Zewar” (“Heavenly Ornaments”), read them and signed.

Answer

(1) This nikah will be valid in the Shari‘a on condition that Zayd is an equal match (kuf’) for Hinda and the nikah was contracted for the customary dower (mahr al-mithl). (2) Since there are Shari‘a-valid witnesses that Hinda signed the register of nikahs in their presence and expressed her consent to this nikah, her denial now has no validity in the Shari‘a.

Source: Fatawa Mahmudiyya

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