❖ Watta Satta Marriage in Islam:
Shar’i Ruling & Status of the Girl’s Consent
❖ Question:
I, Abdul Ghafoor, son of Muhammad Sarwar, resident of Chak No. 85-D, Tehsil Noor Pur, District Pakpattan, would like to inquire about a Shar’i issue as follows:
My sister, Anwar daughter of Muhammad Sarwar, was married as a child (around 8 or 9 years old) in an exchange marriage (Watta Satta) agreement with Zafar Iqbal son of Muhammad, also from the Wattoo tribe. However, Rukhsati (consummation) has not taken place, and she has never lived with the man.
Currently, she is about 23 years old and has developed intense aversion toward the man, and refuses to accept him as a husband. She openly declared her disapproval of the marriage after reaching puberty before respected Muslim elders, and refuses to live with him under any condition, even if agreed upon earlier as part of a Watta Satta arrangement.
The dower (mahr) was equal and no disparity was made. She has always lived with her parents. My question to the scholars is:
Is Watta Satta marriage valid in Islam? And what is the Shar’i status of the girl’s consent?
❖ Answer:
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh. Ammā baʿd:
Based on the assumed validity of the question and circumstances, the following Shar’i principles apply:
❖ Consent of the Girl is a Shar’i Requirement
According to authentic Hadith, the validity of Nikah (marriage) depends on the girl's consent.
Since a minor girl is not capable of giving Shar’i approval, once she becomes mature (bālighah), she reserves the right to either accept or reject the marriage conducted during her minority.
❖ Evidence from Hadith
❖ Sahih al-Bukhari, Mishkāt al-Maṣābīḥ:
عَنْ أَبِي هُرَيْرَةَ… لَا تُنْكَحُ الْأَيِّمُ حَتَّى تُسْتَأْمَرَ، وَلَا تُنْكَحُ الْبِكْرُ حَتَّى تُسْتَأْذَنَ…
Translation:
Abu Hurairah (رضي الله عنه) reported that the Messenger of Allah ﷺ said:
A previously married woman should not be married without her consent, and a virgin should not be married without her permission.
When the Companions asked how her permission is known, he ﷺ replied: Her silence is her permission.
(Mutafaqun ʿAlayh – Bukhari & Muslim)
❖ Narrated by Ibn Abbas (رضي الله عنه):
A young virgin girl came to the Prophet ﷺ and complained that her father had arranged her marriage without her consent. The Prophet ﷺ gave her the choice (to approve or annul the marriage).
(Abu Dāwūd, Mishkāt)
❖ General Principle:
لَا ضَرَرَ وَلَا ضِرَارَ
(No harm shall be inflicted nor reciprocated in Islam.)
(Narrated in Ibn Mājah, Dārquṭnī, Bayhaqī — authenticated by al-Ḥākim)
❖ Summary:
✔ Consent of the girl is a Shar’i condition for marriage.
✔ A minor is not qualified to give such consent.
✔ Upon reaching puberty, she has the right to reject a childhood marriage contract.
✔ Thus, Miss Anwar has the right to revoke this Nikah (marriage), and this is a legally recognized Shar’i right.
✔ However, Shar’i court confirmation is essential for legal and procedural purposes.
❖ Second Possibility: If This is Nikāḥ al-Shighār (Exchange Marriage)
If the marriage falls under the category of Shighār, it is invalid in Shariah, as per explicit Hadith.
❖ Hadith:
نَهَى رَسُولُ اللَّهِ ﷺ عَنِ الشِّغَارِ…
(The Prophet ﷺ forbade Shighār)
(Mutafaqun ʿAlayh — Bukhari and Muslim)
Shighār is defined as:
“A man marries off his daughter to another in return for the other's daughter, without specifying any dower (mahr).”
Even if mahr is mentioned nominally or as formality, such a marriage is invalid if it falls under the prohibited exchange arrangement.
Conclusion:
◈ If the marriage was conducted without the girl's consent, and she rejects it after puberty, she has full Shar’i authority to annul it.
◈ If the marriage is proven to be Nikāḥ Shighār, it is void (bāṭil) according to authentic Hadith.
◈ In either case, Shar’i court validation is essential to formally dissolve or annul the contract.
◈ The Mufti issuing this ruling is not liable for any legal consequences — the matter must be formalized through proper legal means.
هذا ما عندي، والله أعلم بالصواب
