The Right of Marriage.
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The Shaykh : For example: Is marriage a right belonging to the wife, or a right belonging to her father, her brother, or her uncle?
Answer: The first is a right belonging to the wife. The wife is the one who will live with the husband, and she will either burn in his fire or enjoy his pleasure. For this reason, the Lawgiver has forbidden marrying off a woman without her permission. It is not permissible for a person to marry off any woman from among his relatives without her permission and consent, even if it is her father; it is forbidden for him to marry her off without her permission and consent. Allah, Blessed and Exalted is He, said in the Noble Qur'an:[Al-Baqarah 2:232]. Therefore, do not prevent a woman from her husband who divorced her and wants to marry her again, and do not prevent a woman from a husband she does not approve of, because all of this is injustice against her. As for the Sunnah, it is authentic and explicit that a woman is not to be married off except with her consent. The Prophet (peace and blessings be upon him) specifically mentioned the virgin and specifically mentioned the father, saying: . From this, we know that some people who marry off their daughters without their consent are sinful and accountable for it before Allah. In fact, the marriage contract is not valid because it falls into what Allah and His Messenger have forbidden, and a forbidden contract is not valid. The evidence for this is the saying of the Prophet (peace and blessings be upon him): Sahih Muslim 1718b, meaning it is rejected. On the contrary, there are people who refuse to marry off women to those they wish to marry, but the honorable father or the honorable brother does not approve of it in his mind, so he does not marry her off, even though the suitor is a suitable match and of good character, and the wife wants him, but he does not marry her off. Why?
Either because of bad, ugly, invalid, pre-Islamic age of ignorance (jahiliyyah) customs, or because of personal enmity between the suitor and the woman's father.
Answer: The first is a right belonging to the wife. The wife is the one who will live with the husband, and she will either burn in his fire or enjoy his pleasure. For this reason, the Lawgiver has forbidden marrying off a woman without her permission. It is not permissible for a person to marry off any woman from among his relatives without her permission and consent, even if it is her father; it is forbidden for him to marry her off without her permission and consent. Allah, Blessed and Exalted is He, said in the Noble Qur'an:
do not prevent them from remarrying their [former] husbands if they agree among themselves on an acceptable basis
فَلَا تَعْضُلُوهُنَّ أَنْ يَنْكِحْنَ أَزْوَاجَهُنَّ إِذَا تَرَاضَوْا بَيْنَهُمْ بِالْمَعْرُوفِAnd the virgin is to be consulted by her father.
والبكر يستأمرها أبوهاHe who did any act for which there is no sanction from our behalf, that is to be rejected.
من عمل عملا ليس عليه أمرنا فهو ردEither because of bad, ugly, invalid, pre-Islamic age of ignorance (jahiliyyah) customs, or because of personal enmity between the suitor and the woman's father.