Girl not accepting the nikaah

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: A friend of mine was forcibly married to her cousin. She never accepted the marriage and clearly said no to marriage at the time of Nikah. She kept asking for divorce and her husband would say OK. In one conversation she told him, she would not come to him and does not want to keep the relationship of marriage. He said OK and replied, he would not come to her either. It’s been 20 years since and they have no marital relations. They do not live together. It’s the nikah/marriage still valid our broken ? She has not received any mahr after marriage and she doesn’t want anything from him.

Bismillaah

A: If she said, “No” at the time of nikaah and she did not allow him any seclusion whatsoever then there is no nikaah. She is not in his nikaah.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

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