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Girl not being in her senses at the time of nikaah

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: If a girl is given a drug and is not in her right state of mind. She doesn’t agree to the marriage. Is the nikkah valid and does she need divorce from the man?

Bismillaah

A: If she was not at all in her senses at the time of the nikaah then her consent is not valid.

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

Answered by:

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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