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Getting someone married without his consent

Answered according to Hanafi Fiqh by Muftionline.co.za
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Q: Zayd comes to Zaynab and conducts her marriage to Shuaib in front of two male witnesses. But Shuaib did not appoint Zayd as his representative. Is the marriage valid?

Bismillaah

A: If Zaid married Shoayb to Zaynab and Zaynab accepted the nikaah in the presence of two Muslim male mature witnesses, the nikaah will take place. However, since the nikaah was not conducted with the instruction of Shoayb, the validity of the nikaah will be pending upon his acceptance. Upon being informed by a reliable person, if he accepts the nikaah, the nikaah will be valid, and if he rejects, the nikaah will not be valid.

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

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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