If a girl was forcibly made to sit in a car and taken outside the home and her nikah was performed, while her parents had not given permission for this nikah, but in the girl's heart there was a soft corner (liking) for that boy, will this nikah be valid in Shariah?
This nikah will not be correct and valid — two basic conditions are not fulfilled: (1) the girl's free consent was not present; (2) the wali's permission was not included.
This nikah will not be correct and valid — two basic conditions are not fulfilled: (1) the girl's free consent was not present; (2) the wali's permission was not included.
1. The condition of consent: "A virgin girl's nikah should not be performed without her permission" (Sahih al-Bukhari). Forcibly making her sit in a car is a coercive act contrary to consent. A liking in the heart (soft corner) is not equal to consent to the nikah — consent is that which is expressed at the time of the nikah of one's own free will, without pressure. A nikah performed by force and pressure is not correct in Shariah, even if liking existed.
2. The wali's permission: According to the majority, the permission of the wali (father, grandfather, brother, etc.) is an essential condition: "Whichever woman marries without the permission of her wali, her nikah is void, void, void" (Sunan Abi Dawud, Sunan at-Tirmidhi). Here the parents' permission was not there; the girl was taken out and the nikah performed — for this reason too it is not correct.
3. The soft corner: it is a state of the heart; consent to a nikah is a Shariah act that must be clearly expressed at the time. Despite liking, consent is not established under pressure.
Summary: The nikah is not correct. To make it correct, the nikah should be performed again with the girl's free consent and the wali's permission; if the girl and the parents agree, it can be performed again in the Shariah manner.
Translated from the original Urdu fatwa.