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Forced Marriages

   

A warning from the Scholars against the invalidity of forced marriages within Islām.

bismallah

  

  I have a sister and my father married her to someone without seeking her opinion and without her being pleased with it.

 

1. Question: Is it permissible for a father to compel his daughter into a marriage with someone she does not desire?

Answer: It is not permissible for the father or someone besides him to compel the one who is under his guardianship to marry someone she does not desire to marry. Rather, it is necessary to seek her consent and permission due to the saying of the Messenger (ṣallallāhu ʿalayhi wa-sallam): The virgin is not to be married until her consent has been sought. They said: O Messenger of Allāh! What is her consent? He replied: Her silence. And in another wording: And regarding the virgin, her father seeks her consent and her consent is her silence.

Therefore, it is obligatory upon the father when she reaches the age of nine or greater that he asks for her consent. It is likewise for her guardians, they do not marry her without her consent. This is obligatory upon all of them. Whoever marries his daughter without permission/consent then the marriage is not correct because one of the conditions of the marriage is the consent and pleasure of both parties. So if he marries her without her being pleased with it and compels her with strong threats or even beating, the marriage is not valid...

It is required from the prospective husband, when he knows that she does not desire him for marriage, that he does not pursue the matter even if her father facilitates this for him (give him permission). It is obligatory for him to fear Allāh and not to come to the woman who does not want him for marriage... It is obligatory for him to beware of what Allāh has made unlawful upon him and this is because the Messenger (ṣallallāhu ʿalayhi wa-sallam) ordered the girls consent to be sought (first).

Shaykh Ibn Bāz in Fatāwál-Mar'ah Vol. 2. p.50

2. Question: I have a sister and my father married her to someone without seeking her opinion and without her being pleased with it. She is twenty-one years of age and he made a false testimony for the marriage contract (saying) that the girl agrees to the marriage... So what is the ruling regarding this marriage contract...?

Answer: ...However, the correct saying in this matter is that it is not lawful for the father or any one else to compel the girl into marriage with someone she does not desire even if he is suitable, because the Messenger (ṣallallāhu ʿalayhi wa-sallam) said: Do not marry the virgin until her permission has been sought. And this is general - no one is exempted from it, not (even) her guardians. It is reported in Ṣaḥīḥ Muslim: The virgin, her father is to seek her consent...

Shaykh Ibn Uthaymīn in Fatāwál-Mar'ah Vol. 1. p.47

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Tags: Fatāwá, Marriage

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