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Married at 17: The Question of Consent

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I am 32 years old. I am married with 2 kids. I want to marry a girl who is 17 years old but she is young so she can’t tell her parents. To avoid sin we have accepted each other in front of two Muslims that we are husband and wife. I asked her “do you accept me as your husband” and she said “yes”. Are we husband and wife now?


A: According to us, the ruling of kufw is pertinent. We do not know if you are the kufw of this girl. If for example you aren’t the kufw of this girl then the parents have every right to cancel this nikaah. In fact, the nikaah will not be valid without their consent.

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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