Message No : 10Sr.No : 315/722
Question By : Mukhtiar Awan

My Cousin names Surayya, her father made her Nikkah with Altaf Hussain when she was about 3 years Also Altaf Hussain was at same age, when she reached at Baloghat, she denied the Nikkah of childhood her father then asked the to Altaf Hussain to leave Suraya, But Altaf Hussain refused, her father also agreed to pay him 5 Lacks Rupees or 7 Acres of Cultivated land, but Altaf Refused to give divorce at any cost, then Surayya went to Shariah Court for FASAKH of this Nikkah of childhood, in the court after running case about 3 months Judge FASAKH broken the Nikkah of Childhood, at final degree day Altaf did not came to court to listen the decission, Now Altaf said that untill he himself not gives the divorce this brokage of Nikkah by the court is not valid, Dear Mufti Sahib tell us that is he right, or not, When Suraya's father befor Suraya her elder sister's Nikkah also made when she was underage, meant her father was "MAROOF BESO UL IKHTIYAR" Plz give us fatwa regarding matter


Reply By : Mohd. Shihabuddin Qasmi
Designation : Mufti, ODI, MMERC, Mumbai 

In the name of Allah, All Gracious, All Merciful
Assalamu Alaikum
Dear Brother in Islam,

The answer to your question is as follows:

If the Nikaah referred to the above-mentioned question was performed as per Islamic Shariah then Surayya will have no right to break that Nikah after she comes of her age. (Raddul Muhtaar, Babul Wali)

The marital relationship between Surayya and Altaf will not come to an end until Altaf divorces Surayya.

And Allah knows the best,

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Current Issue October 2012
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