Permission in Nikah

Permission in Nikah

Despite the father being present, the uncle, brother or any other wali sought the permission of a virgin girl. If she remains silent, it will not be considered to be a form of granting permission. Only when she gives a verbal permission will it be considered. However, if the father sent these persons to seek her permission, her silence will be considered to be a form of consent. In short, the wali who is given the first preference in the Shari‘ah and who has the most right to seek permission from the girl – when he asks her or when someone who has been sent by him asks her, then only will her silence be considered to be a form of consent. If the grand-father had the right of asking her, and instead the brother asked her; or if the brother had the right of asking her and instead she was asked by her uncle, then in such a case her silence will not be considered to be a consent.

A wali performed the nikah of a girl without asking her and without obtaining her consent. After the nikah, the wali or his messenger came and informed the girl that her nikah with a particular person has been performed. In such a case, if she remains silent, this will be a permission on her part and the nikah will be valid. But if someone else comes and informs her, and this person is a pious, reliable person, or two persons come and inform her, then by her remaining silent the nikah will be valid. But if there is only one person who informs her and he is an unreliable person, then by her remaining silent the nikah will not be valid. Instead, it will be held in abeyance. When she gives a verbal reply or any other form of granting permission is found, then only will the nikah be valid.