Denial after Permission and Signature
Question
A sane adult woman says to a relative of hers, whom she calls uncle: “Uncle, get my nikah contracted with so-and-so, because my parents betrothed me to him, and now, out of greed for money, they want to contract it in another place which I do not accept.” About 4–30 (?) hours after this conversation, the woman’s betrothed, with whom she wants the nikah, goes to her, and while the two of them are alone with no one else present, the woman says to him: “I gladly give permission: contract the nikah before two…
Answer
In the case asked about, since the woman acknowledged her permission and consent before two witnesses and herself signed the register of nikahs, the nikah is valid in the Shari‘a. Now nothing comes of the denial. However, if those witnesses are not upright (‘adl) and their testimony is rejected in the Shari‘a (mardud al-shahada)
Source: Fatawa Mahmudiyya
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