The Status of Compulsion on Nikah of a Minor Virgin: A Study in Light of Islamic Fiqh

Abstract

The rulings of Islamic Shaira are all-inclusive to the entire human life. It provides a practicable guideline in all horizons of human existence. The one integral part of life is marital attachment., which is why it is explained in rather detail in Islamic sources. Nikah is a deed of trust that is entertained between a male and female in view of specific conditions. It takes place with mutual understanding free from force and external pressure. As though this contract the mutual rights of both the parties are ensured so Islamic Sharia also considers the rights of guardians. The guardians of both the parties also reserve the right to challenge a marriage contract done against the status and honor of the family. Similarly according to some Islamic Juristis the guardians especially the father and grandfather of a minor girl can utilize the power of attorney by doing the Nikha of their minor. Now the questions arrive here that why this discretionary power has been given to guardians and what hidden wisdom lies behind this? In this research paper, this issue has been explained in rather detail by providing the documentary proofs from Islamic Jurisprudences.