Fatwa ID: 04208
Answered by: Shaykh Ahmed bin Mohamed Umarji
Mufti sahib I really appreciate your time. I have 2 Questions.
Question one is my nikah was valid.
A) The woman was 20 years old and she gave me in written she made me her wali. I then accepted her in my nikah in front of two witnesses. This procedure is valid according to a Mufti sahib, I asked prior to the nikah. As she is old enough to make her decision, he said she can make me her wali, and then the wali can take her in his nikah. I need this to be confirmed if right.
B) Also, the second method was adopted by phone her accepting me as her husband and giving herself to me. I accepted while two witnesses listening.
This method is used by many of our Asian people as it was also used for my sister (Nikah by phone).
Question two is about father giving mixed information about her being married when she was under the age of maturity, and now getting more educated in this matter has come up with a perfect plan.
A) He clearly told me that, he wasn't present in the nikah before Bullough and didn’t know about mahr being fixed.
Her father said to me she was married to a man back home. His daughter mentioned no such thing to me when getting our nikah done. When the father mentioned this, I asked him how much the mahr was. He clearly said he doesn't know, and he wasn't present as his father got it done. I understand this is not valid because he needs to be present.
When he informed me about this nikah (after my Nikah was already consummated according to question number 1), I asked her, and she denied any such Nikah taking place. I still wanted to be clear so asked her to ask her mother. Her mother was not aware of such nikah she told me. Her mother knows they were and are planning her marriage with her cousin.
B) I saw a Hadith which states the Nikah of nabaligh (immature) is void when she rejects it after she becomes baligh (mature).
She made it clear she doesn't agree to any such nikah by her denial and actions.
She has made it clear to her teacher and friends that she is not agreeing to get married to her father's nephew and is being forced. We knew she doesn't agree to go back home for this marriage long before my nikah with her.
In the name of Allah, the Most Gracious, the Most Merciful
Answer to the first Question:
A mature and intelligent girl has the right to make her own choice for marriage. She does not need the permission of her parents or guardian.Thus, the method mentioned in the aforementioned scenario is legitimate.
Answer to the Second Question:
When a minor’s Nikah is performed by his or her father or grandfather (father’s father), the contract will be binding upon the minor even after the age of puberty.
Only Allah knows best
Written by Shaykh Ahmed bin Mohamed Umarji
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham