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سنن ابن ماجه
Ibn Majah
كتاب النكاحThe Chapters on Marriage
بَابُ : نِكَاحِ الصِّغَارِ يُزَوِّجُهُنَّ غَيْرُ الآبَاءِChapter: Marriage of minor girls arranged by someone other than their fathers
Hadith 1878
اُردوEn
حَدَّثَنَا عَبْدُ الرَّحْمَنِ بْنُ إِبْرَاهِيمَ الدِّمَشْقِيُّ ، حَدَّثَنَا عَبْدُ اللَّهِ بْنُ نَافِعٍ الصَّائِغُ ، حَدَّثَنِي عَبْدُ اللَّهِ بْنُ نَافِعٍ ، عَنْ أَبِيهِ ، عَنِ ابْنِ عُمَرَ ، أَنَّهُ حِينَ هَلَكَ عُثْمَانُ بْنُ مَظْعُونٍ تَرَكَ ابْنَةً لَهُ ، قَالَ ابْنُ عُمَرَ : " فَزَوَّجَنِيهَا خَالِي قُدَامَةُ وَهُوَ عَمُّهَا ، وَلَمْ يُشَاوِرْهَا وَذَلِكَ بَعْدَ مَا هَلَكَ أَبُوهَا ، فَكَرِهَتْ نِكَاحَهُ ، وَأَحَبَّتِ الْجَارِيَةُ أَنْ يُزَوِّجَهَا الْمُغِيرَةَ بْنَ شُعْبَةَ ، فَزَوَّجَهَا إِيَّاهُ " .
´It was narrated from Ibn Umar that:` when Uthman bin Mazun died, he left behind a daughter. Ibn Umar said: “My maternal uncle Qudamah, who was her paternal uncle, married me to her, but he did not consult her. That was after her father had died. She did not like this marriage, and the girl wanted to marry Mughirah bin Shubah, so she married him.”
Brief Explanation
1؎: Perhaps the daughter of Uthman radi Allahu anhu was of marriageable age, and the marriage of a young (adult) girl is not valid without her permission. This is the position of the Hanafis: if a guardian other than the father or grandfather contracts the marriage of a minor girl, it will be valid and permissible, but after reaching puberty, the girl has the right to annul the marriage. If she is displeased with this marriage, she can annul it.
Explanation & Benefits
Maulana Ataullah Sajid
Benefits and Issues:
➊ By setting this chapter heading, the author has indicated that just as a father can contract the marriage of his minor daughter without consulting her, no other guardian—such as a maternal or paternal uncle—can do so; rather, the girl should be consulted. Apparently, there is no word in this hadith that clarifies whether the girl was an adult (baligh) or a minor (non-baligh). It is possible that in another chain of narration, it is explicitly mentioned that she was a minor. And Allah knows best.
➋ In the case of her being an adult (baligh), her consent would have been necessary, and since the first marriage was contracted without her consent, it was annulled. Apparently, this indicates that the woman in question was an adult (balighah) ... radi Allahu anha ...
➊ By setting this chapter heading, the author has indicated that just as a father can contract the marriage of his minor daughter without consulting her, no other guardian—such as a maternal or paternal uncle—can do so; rather, the girl should be consulted. Apparently, there is no word in this hadith that clarifies whether the girl was an adult (baligh) or a minor (non-baligh). It is possible that in another chain of narration, it is explicitly mentioned that she was a minor. And Allah knows best.
➋ In the case of her being an adult (baligh), her consent would have been necessary, and since the first marriage was contracted without her consent, it was annulled. Apparently, this indicates that the woman in question was an adult (balighah) ... radi Allahu anha ...
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 1878
