A woman whose father married her off without her consent, and at the time of the contract, false witnesses testified that she was willing, and her mother signed the contract document on her behalf, and the marriage took place while she was

The questioner : He says to me, "A sister of mine from the same father, and my father married her to a man without her consent and without taking her permission, and she is twenty-one years old. At the time of the marriage contract, witnesses testified falsely that she was in agreement, and her mother signed the contract document on her behalf."

The Shaykh : We seek refuge in Allah.

The questioner : And so the marriage took place, and she is still refusing this husband, whatever the reasons may be. What is the ruling on this contract and on the testimony of the witnesses?

The Shaykh : This sister of yours, if she is a virgin and her father forced her to marry this man, then some scholars have held that the marriage is valid, and they considered that the father has the right to force his daughter to marry someone she does not want, if he is a suitable match.

The questioner : Yes.

The Shaykh : But the stronger opinion in this matter is that it is not permissible for the father or anyone else to force a woman to marry someone she does not want, even if he is a suitable match. This is because the Prophet (peace and blessings be upon him) said: This is a general statement from which no guardian is excluded. Indeed, it is reported in Sahih Muslim: It specifically mentions the virgin and specifically mentions the father. This is a text in the place of dispute, so we must adhere to it. Accordingly, forcing a man's daughter to marry a person she does not want to marry is forbidden. And what is forbidden cannot be valid and effective, because making it effective and valid is contrary to the prohibition mentioned in the text. And what the Lawgiver has prohibited, He intends for the community not to engage in it or do it. If we validate it, it means we have engaged in it and done it, and placed it in the category of contracts that the Lawgiver has permitted. This is something that cannot be. And according to this stronger opinion, your father marrying this daughter of his to someone she does not want is a defective marriage, and the contract is defective. Therefore, it must be examined by the court.

The questioner : Yes.

The Shaykh : As for the false witness, this, may Allah protect us from it, is a major sin among the major sins. As it is established from the Prophet (peace and blessings be upon him) that he said: He mentioned it, and he was leaning, so he sat up and then said: He kept repeating it until they said, "I wish he would be silent." These fabricators must repent to Allah the Exalted and Majestic, and they must speak the word of truth, and they must clarify to the Shari'ah judge that they testified falsely and that they are retracting this testimony. Likewise, the mother, who signed on behalf of her daughter falsely, is sinful for that, and she must repent to Allah the Exalted and Majestic and not return to such a thing. Yes.

The questioner : May Allah reward you.
The following message is from sister A S M ' from Jordan, Taybah bint 'Alwan.