Salmi, the 16 years old girl, was given in marriage by her father without obtaining her consent. Discuss the validity of the marriage under Sunni and Shia Law.

By | April 21, 2022
Muslim Law Mains Question Answer

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Question: Salmi, the 16 years old girl, was given in marriage by her father without obtaining her consent. Discuss the validity of the marriage under Sunni and Shia Law.

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Answer

For a valid marriage in Islam, free consent of the parties is a must-required element. If the consent is obtained by means of coercion, fraud, or mistake of fact, it is considered invalid and the marriage is considered void.

In the case of Mohiuddin v. Khatijabibi, the Court held that a marriage is invalid if it is held without the free consent of the parties.

In this case, Salmi is 16 years old, so she has crossed the age of puberty which is 15 years. Without obtaining consent from her the marriage would be void.


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