Does the guardian (wali) have the right to annul a nikah?

Question

Question: Hind had the nikah of her daughter Zahida performed with Mahmud without the consent of Zayd (her husband). After the nikah the young man turned out to be extremely ill-mannered and ill-tempered. The girl Zahida is still a minor; she is distressed by his ill temper and in a wretched state. The situation is such that no way at all of the two getting along can be seen. Can Zayd, i.e. the girl’s father, annul the nikah as her guardian (wali) or not?

Answer

While the father is present, the mother does not have guardianship (wilaya) in nikah. In the case asked about, this nikah is suspended on the father’s permission. If the father has given permission, it has become valid, and now neither can he himself annul it, nor will the girl in this case have the option of puberty; rather, this nikah has become binding (lazim).

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.