Getting a minor girl married to a boy who is not of equal standing to her by her father

Question:-

If a father gets his Na-Baaligh daughter married to someone who is not Kufoo (an equal to her), does she get a choice of remaining in the Nikah or not upon attaining puberty?

Answer:-

If the father gets his minor (Na-Baaligh) daughter married, or the grandfather gets his minor granddaughter married, then Kafaa’at (equality in terms of Deen, family lineage, wealth, profession, etc) is not a requirement for the validity of the Nikah, as the father and grandfather are such individuals that have complete affection for their child and/or grandchild, and will therefore look at the best interest of the minor at every stage. Therefore, the minor will not have a choice (in remaining in the Nikah or not) on reaching Buloogh, even if her Nikah was made to such a person who is not of equal ranking to her in the aspects mentioned above.

وأما إنكاح الأب، والجد الصغير والصغيرة، فالكفاءة فيه ليست بشرط للزومه عند أبي حنيفة كما أنها ليست بشرط الجواز عنده، فيجوز ذلك، ويلزم لصدوره ممن له كمال نظر لكمال الشفقة (بدائع الصنائع ص 318 ج2)

ALLAH TA’ALA KNOWS BEST!

ANSWERED BY:

Mufti Mohammed Desai

Date: 07 Rajab 1443 / 09 February 2022