The marriage contract was concluded for my cousin’s daughter, and she was forced into it. What is the guidance, and what is the ruling on reciting al-Fatihah at the marriage contract?
Machine translationRead the Arabic original
Question:
My father and mother chose a wife for me. She is my cousin’s daughter, educated, religious, and committed, and I agreed to this basis because I know her well. My father asked her father for her hand, and when he asked her about the marriage, she was surprised to say to me, “I do not agree to marry you.” My father pursued this matter, and her father hit me in front of me, and after that she said, “I agree now.” We recited al-Fatihah and bought gold. I have traveled to the Kingdom for the past five months, and she has not asked about me nor sent me any letter. When I speak with her on the phone, she talks to me as if she is talking to a strange man. This makes me feel that she is not willing or not satisfied with the marriage. What is your opinion, Honorable Shaykh? Should I rely on Allah and complete the marriage, or not? Please advise us; may Allah reward you.
Answer:
First, your proceeding with this marriage to the girl while you knew she was not willing, and your effort in having her father hit her and force her, is a wrong action. It is obligatory for you to have left marrying her from the very beginning and not entered into this problem, because a woman is not married except with her consent. If she is a widow, this is a matter of agreement, and if she is a virgin, the correct view is also that she is not forced into what she does not want. In any case, if the reality is as mentioned and this girl was forced into marriage without her consent, and the marriage contract was concluded in this state, the contract is valid, but she retains the option. If she wishes, she annuls it, and if she wishes, she ratifies this contract. She is given the option to remove the harm from her. You give her the option, you give her the option, and you say, “Are you willing?” If she is willing, the contract proceeds. If you are not willing, you have the right to annul it. If she annuls it, she has the right to do so.
As for your saying that we recited al-Fatihah, al-Fatihah is not recited in the marriage contract. Rather, this is from the practice of the common people or from the practices of innovators. Al-Fatihah is not recited in the marriage contract. Yes.
My father and mother chose a wife for me. She is my cousin’s daughter, educated, religious, and committed, and I agreed to this basis because I know her well. My father asked her father for her hand, and when he asked her about the marriage, she was surprised to say to me, “I do not agree to marry you.” My father pursued this matter, and her father hit me in front of me, and after that she said, “I agree now.” We recited al-Fatihah and bought gold. I have traveled to the Kingdom for the past five months, and she has not asked about me nor sent me any letter. When I speak with her on the phone, she talks to me as if she is talking to a strange man. This makes me feel that she is not willing or not satisfied with the marriage. What is your opinion, Honorable Shaykh? Should I rely on Allah and complete the marriage, or not? Please advise us; may Allah reward you.
Answer:
First, your proceeding with this marriage to the girl while you knew she was not willing, and your effort in having her father hit her and force her, is a wrong action. It is obligatory for you to have left marrying her from the very beginning and not entered into this problem, because a woman is not married except with her consent. If she is a widow, this is a matter of agreement, and if she is a virgin, the correct view is also that she is not forced into what she does not want. In any case, if the reality is as mentioned and this girl was forced into marriage without her consent, and the marriage contract was concluded in this state, the contract is valid, but she retains the option. If she wishes, she annuls it, and if she wishes, she ratifies this contract. She is given the option to remove the harm from her. You give her the option, you give her the option, and you say, “Are you willing?” If she is willing, the contract proceeds. If you are not willing, you have the right to annul it. If she annuls it, she has the right to do so.
As for your saying that we recited al-Fatihah, al-Fatihah is not recited in the marriage contract. Rather, this is from the practice of the common people or from the practices of innovators. Al-Fatihah is not recited in the marriage contract. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، عقدت القرآن على بنت خالي وهي مكرهة على ذلك، فما التوجيه وما حكم قراءة الفاتحة عند عقد النكاح؟ — youtube.com
The Arabic text is a machine transcription of the audio recording.