The Question

What do the scholars of the religion say in the following issue:

A girl is bāligh and her age is of 14 years. She has not learned of the man with whom her father has arranged her marriage by her father mentioning it to her. Rather, she has learned through other means that her marriage has been arranged with this individual and he lives in another town. When the father (of the groom) went to the house of the girl to establish the agreement, at that time, neither did he (the father of the girl) take the permission of the girl, nor did he say anything. Rather, he just went and said in the gathering, “I gave my girl in your nikāḥ”.

Has this nikāḥ been established or not? Explain and be rewarded!

The Answer

If the mature girl had not given permission beforehand, the nikāḥ remained conditional on her permission. If she validates it, it will be valid in the case that there is no shar`ī prevention. If she rejects it, it will be invalidated even if there is no shar`ī prevention. It is in al-Durr al-Mukhtār:

لا تجبر البالغة البكر على النكاح لانقطاع الولاية بالبلوغ

The bāligh virgin girl will not be forced upon nikāḥ due to the expiration of guardianship caused by puberty.

Allāh E knows best.

Answered by:

Imām Aḥmad Raḍā Khān V