Heavenly Jewels

Rule- The Nikah of a woman who is Aaqil, Baaligh cannot be made without her pennission neither by her father nor anybody else wether she is a virgin or not. Similarly the Nikah of an Aaqil ; Baaligh male carInot be made without his consent. (A Lamghiri, Durre-Mukhtaar) Rule- I fthe Wali, his Wakeel or messenger came to a bachelor girl and asked her pennission (to make her Nikah )or without her consent, the Wali made her Nikah and news of this reaches her and she remained silent, smiled, laughed or cried without any noise, then in all these cases pennission given will be understood. (Durre-Mukhtaar) Rule- At the time of asking permission, if she hears it but does not answer anything because she was coughing or sneezing, someone had closed her mouth and she cannot speak, then in all these cases, remaining silent is not consent. She can reject it afterwards and if she laughed to make fun or cried with noise, then it is not pennission. (Alamghiri) Rule- I fbefore Nikah, at the time ofgoing to gain pennission, she says, Ifit was made to someone, else it would be better, then this is refusal. After the Nikah. i f the woman was alerted of i t and she said the same words then it wili be understood that she accepts the Nikah. (Durre­ Mukhtaar) Rule- At the time of gaining pennission, the boy should be spoken of clearly so that she understands completely who he is and it is better ifthe Mehr (Dowry) is also mentioned at this time. (Durre-Mukhtaar) Rule- Just as how pennission is attained through speech, e g. when hearing the message ofNikah, she says I consent, I am happy etc, so too is it attained through actions which demonstrate consent and pleasure, e.g. she smiles or laughs in happiness when hearing of it etc. (Fataawa Razvia) Rule- For the Nikah of a Naa Baaligh boy and girl, the Wali is a condition and without him their Nikah will not be done. If an Aaqil, Baaligh woman makes Nikah, wether secretly or openly, without the 1 91