Dissolution of the marriage of a virgin who was married without her consent
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success, a woman was married off without her consent, and she was a virgin. Is there any harm if she leaves her husband and seeks the dissolution of the marriage, relying on the hadith: "Do not marry off a virgin until her permission is sought"?
Answer:
This is her right. Yes, she has the right to demand it; she may demand the dissolution. However, only a judge, only a qadi, can dissolve it. Yes, only the qadi handles the dissolution; because this is a matter of scholarly disagreement, and it is necessary to refer to the qadi. Yes.
He says: Honorable Shaykh, may Allah grant you success, a woman was married off without her consent, and she was a virgin. Is there any harm if she leaves her husband and seeks the dissolution of the marriage, relying on the hadith: "Do not marry off a virgin until her permission is sought"?
Answer:
This is her right. Yes, she has the right to demand it; she may demand the dissolution. However, only a judge, only a qadi, can dissolve it. Yes, only the qadi handles the dissolution; because this is a matter of scholarly disagreement, and it is necessary to refer to the qadi. Yes.
Source
الفوزان -أشرطة- شرح زاد المستقنع مع الأسئلة - 081-باب الشك في الطلاق - باب الرجعة - 16-2-25 هـ — archive.org (34:30)
The Arabic text is a machine transcription of the audio recording.