This is when someone carries out Ijab with the man on behalf of the woman in the presence of the witnesses mentioned earlier, even if she herself is not even aware, by saying, for example, “I am performing the Nikah of ‘so-and-so’ daughter of ‘so-and-so’ son of ‘so-and-so’ with you in exchange of the dowry (as debt) of 786 PKR,” and then the man says, ‘I have accepted’; the Nikah Fuduli has now taken place. Then the woman is notified, or the groom himself informs her and she accepts; now the Nikah has taken place. The man can also carry out Ijab. Nikah Fuduli is permissible in Hanafi doctrine but it is Khilaf-ul-Awla (not preferable), and according to the Shafi’is, Malikis and Hanbalis doctrines it is invalid.
No comments:
Post a Comment