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Girl getting married to a boy that is not her kufu

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: If a girl is adamant in marrying a boy who is of no match to her nor does the boy conforms to the girls Kufu; the girl observes her daily prays regularly and wears hijaab while the boy is known to be involved in drugs and alcohol,and the girls parents do not approve nor consent to the marriage at all.

Question#1: Based upon the above situation if the girl was to have her Nikkah done privately without her parent’s approval and her parents did not grant their consent to the Nikkah, will this Nikkah be rendered valid?

Question#2: Based upon the above situation if the Nikkah was rendered vaild, are the parents then correct in their own right to consider dissolving or annulling the Nikkah?

Question#3: Based upon the above situation if dissolution or annulment of Nikkah is not available or not appropriate will it then be acceptable and suitable for the parents to suggest and encourage their daughter to seek for a Talaaq (Khula)

Bismillaah

A: If the parents feel that the boy is not a kufu then they have the right to cancel the nikaah. The validity of the nikaah is subject to their approval.

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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