Is this legal marriage binding after the the father's approval of his three-year-old daughter's marriage to a man he does not approve of as a husband for her?
The default ruling is that a marriage is valid if its conditions are met, even if not truly intended, based on the hadith: "Three matters, their jest is earnest, and their earnest is earnest: divorce, marriage, and revocation [of divorce]." It is permissible for a father or his guardian to jestingly marry off his virgin daughter, who is under nine years old, without her permission and consent, if he marries her to a suitable match. This is a matter of consensus. Imam Al-Nawawi mentioned the consensus of Muslims on the permissibility of a father marrying off his young virgin daughter. However, if he marries her to an unsuitable match, her consent is required when she reaches maturity. And if her guardian stipulates her consent, the contract is not binding except with her consent.
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- Original fatwa ID
- 56848
- Imported
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