The ruling on talaq by the words “There is no marital relationship”

Question

‘Abdullah married a minor girl, Fatima, through a guardian (wali) other than her father or grandfather. After reaching puberty, this girl, because she did not like her husband’s habits and character, came to her mother’s house. About two weeks later ‘Abdullah called Fatima; at that time Fatima said: “I do not like your character and habits; I am not willing to live with you; therefore give me talaq.

Answer

Since the nikah of the minor was contracted by a more distant guardian (wali ab‘ad), it was dependent on the permission of the nearer guardian (wali aqrab): if the nearer guardian rejected it, it was rejected; and if he did not reject it but gave permission, it became valid.

Source: Fatawa Mahmudiyya

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