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Ameer's Q & A: The Shari’i Principles Between the Raajih (stronger opinion) and Marjouh (outweighed i.e. weaker)

This principle (‘asl) was popularly said by the late scholars, but we did not find this ‘asl in the books of the relatively old scholars. Ibn Najim al-Hanafi, who is a fundamentalist of the Hanafi (and it is said that this rule (qa’ida) was commonly used by them) mentioned only two rules:
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Answer to Question: Ruling on the Father Marrying his Daughter Off Against her Will

“These Ahadith clearly show that if a woman does not give permission for her marriage then that marriage is not concluded. If she rejects the marriage or she was forcibly married the contract becomes void, except if she returns and consents to it.” I hope that this will suffice, and Allah Ta’ala Knows Best and He is All-Wise.
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