Is the Nikah valid in which the Walee has conducted the Nikah of a girl without her consent.
Question
Assalamu alaikum wrt wbt, Dear Ulema of Islam, I am of Hanafi fiqh and would appreciate and answer to the following question: Question: Is the Nikah valid in which the Walee of a girl (i.e. in this case parents) conducted her Nikah with someone without her consent or approval? Inotherwords forcefully married her to someone against her wishes. If this Nikah is invalid then how grave a sin is this for the Walee? Jazakallahu khairan, Assalamu alaikum wrt wbt.
Answer
The Nikah performed against her wishes is not valid. The Waliy is guilty of a prohibition of Islam. Hence, a grave sin.
If the Nikah is invalid, then obviously the couple are living in sin (adultery) which is a grave sin in Islam. This ruling applies to a mature girl only.
and Allah Ta'ala Knows Best
Mufti Muhammad Kadwa
FATWA DEPT.
CHECKED AND APPROVED CORRECT: Mufti Ebrahim Desai
- Answered by
- Mufti Muhammad Kadwa
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Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/5374
Fatawa SA: https://fatawa.co.za/fatwa/askimam-5374
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