An Adult Girl’s Nikah to a Non-Equal

Question

Question: A girl was doing nurse training at a hostel in Agra. During the training she met a young man who presented himself as a CID (criminal investigation) inspector, gave his caste as Sayyid and said he was unmarried. The girl too was a Sayyid’s daughter. Then, during that time, the nikah took place. The girl’s parents were given no information in Agra.

Answer

A weaver is not an equal (kuf’) for a Sayyid’s daughter. If an adult girl marries a non-equal without the permission of the wali, then according to the position on which the fatwa is given (mufta bihi), the nikah is not contracted. Therefore this nikah was not contracted according to the Shari‘a; there is no need even for a talaq.

Source: Fatawa Mahmudiyya

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