Question
A woman appointed a man to be her wakeel to contract her nikah with a certain man. A month after appointing him to represent her, she changed her mind. Meanwhile the wakeel did not go ahead to perform her nikah to the man. Without contacting the wakeel to inform him of her change of mind, she contacted the prospective groom and directly informed him that she has changed her mind and that she will not marry him. Some days thereafter, the wakeel surfaced and performed the nikah. The man did not tell the wakeel about the woman‟s decision. Now this man claims that the nikah is valid. Is the nikah valid?
Answer
The nikah is not valid. The man was informed directly by the woman of her refusal to marry him. Thus the wikaalat was cancelled regardless of the wakeel not having been informed. The man was fully aware of the refusal of the woman. Thus the nikah arranged by the wakeel had no validity.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 27 No 01
- PDF page
- 5
Verbatim verified against the source PDF
Appears under MAKTAB SYLLABI. This heading is the nearest headline at or before the page and is approximate. Do not cite it alone.