Since we stipulated in the marriage contract that the virgin must be asked for her permission and the previously married woman must be asked for her consent, what is the ruling if the woman is insane? How is her permission obtained?
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The questioner : We stipulated in the marriage contract that the virgin must be asked for her permission and the previously married woman must be asked for her consent. If this woman is insane, how is her permission obtained?
The Shaykh : The father marries her off without asking for her permission. No one other than the father may marry her off except after referring the matter to the judge.
The questioner : All right, if the contract was concluded, O Shaykh, and she rejected this marriage?
The Shaykh : It is not valid, as long as it is established through a Shariah means.
The Shaykh : The father marries her off without asking for her permission. No one other than the father may marry her off except after referring the matter to the judge.
The questioner : All right, if the contract was concluded, O Shaykh, and she rejected this marriage?
The Shaykh : It is not valid, as long as it is established through a Shariah means.