الإفتاء

Enter a topic or fatwa name

Forced nikah of an adult woman, then talaq, then denial of the talaq

Question

Question: a certain Ra’isa was twenty-two years old. While she was staying at her maternal uncle’s house, the uncle took some money from a certain place and tried to have Ra’isa married off. When Ra’isa learned of this, she refused, saying: “I cannot give permission for the nikah, and you have no such authority; rather, this right belongs to my father.” In short, the uncle, without permission, forcibly performed the nikah and handed her over to them. In privacy (khalwa)

Answer

If Ra’isa, just as she refused the nikah before the offer and acceptance (ijab and qabul), also said after the offer and acceptance, “This nikah is not acceptable to me”, as the question apparently indicates, then according to the Shari‘a this nikah did not take place at all; then the bride’s send-off to her husband’s home and the intimacy after it — whatever took place — was…

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.

Topics

More in this chapter

Languages: English · Русский · العربية · Bosanski · Türkçe · Deutsch · বাংলা · اردو