Narrations On Forced Marriages and Its Rulings

Are Forced Marriages Accepted?

It is obligatory upon the guardian to obtain the woman’s approval before the marriage. It is not allowed for him to compel the woman to marry if she is not pleased with it. If he concludes a marriage contract that she is not pleased, she has the right to cancel the contract:

Abu Hurairah narrated that the Prophet () said, “The non-virgin is not to be married until she requests it.  And the virgin is not to be married without her consent.” they said, “How is her consent (to be known).” He said, “If she remains silent.”

Recorded by Bukhari, Muslim, Abu Dawud, Tirmizi, Ibn Majah and Nasa’i

If the marriage contract has been done even though she was reluctant, then this marriage contract depends on the woman’s decision. If she accepts it, then it becomes a valid marriage contract, and if she does not then it is an invalid contract:

Abdullah ibn Abbas narrated that a virgin young lady came to the Prophet () and mentioned to him that her father has married her off while she disliked it. The Prophet () then gave her the option (to annul the marriage or remain in the marriage).”

Recorded by Abu Dawud and Ibn Majah. Graded Sahih by sheikh albani in Sahih Sunan Ibn Majah no. 1520

It was narrated that Buraydah ibn al-Haseeb said: A girl came to the Prophet (blessings and peace of Allah be upon him) and said: My father married me to his brother’s son so that he might raise his own status thereby. The Prophet (blessings and peace of Allah be upon him) gave her the choice, and she said: I approve of what my father did, but I wanted women to know that their fathers have no right to do that.

Narrated by Ibn Majah, 1874. Shaykh Muqbil al-Waadi‘i stated: (It is) Sahih according to the conditions of Muslim. End quote from as-Saheeh al-Musnad, p. 160

In the event that the woman does not accept this marriage, then it is invalid and she has to tell the one who did this marriage contract with her about that. He does not have the right to force her to engage in intercourse and intimacy, and she does not have the right to allow him to do that so long as she does not accept this marriage.

Although the ruling on this marriage is that it is invalid, this ruling cannot be proven or established unless the man divorces her by Talaaq (pronouncing Talaaq) or the court issues a ruling to that effect, because of the difference of opinion among the scholars concerning the validity of such a marriage; many scholars regard this marriage as permissible.  Based on that, you have to refer the matter to the Islamic judge to pass a verdict that this marriage is annulled.

Islamqa – fatwa no. 163990

 

 

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s