Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

Is it permissible to force girls to marry?

Machine translationRead the Arabic original
The questioner : The girl, the girl, if she has reached the age of maturity, or rather the age of marriage, how can her guardian force her to marry?

The Shaykh : No, how can he? Because there is no compulsion. It is not permissible to force a girl to marry. If she is not of age and is forced to marry, she has the right to request annulment after the contract is made, because a girl was married against her will. After the marriage, she came to the Messenger (peace and blessings be upon him) and said, "O Messenger of Allah, my father married me to a man I dislike in order to raise his lowly status."

The questioner : ... .

The Shaykh : Meaning, he has no status, he has no prestige. The father, meaning, as ... what Allah willed -laughterThe Shaykh : (may Allah have mercy on him) - to raise what? His status. So he annulled her marriage. Therefore, it is not permissible for a girl's guardian to force any of his daughters, even if she has reached the age of maturity, and even if she was married and then became a widow, it is not permissible for him to force her. Rather, he should guide her to what is most beneficial for her in this world and the Hereafter.
He (peace and blessings be upon him) said:
There is no marriage except with a guardian and two just witnesses. لا نكاح إلا بولي وشاهدي عدل
Sunan al-Bayhaqi 10:1088
Then he said:
Do not force your women, but ask them for their permission. لا تكرهوا نساءكم لكن استأذنوهن
And he said:
Their permission is their silence. إذنها صماتها
Here are etiquettes and conditions that must be adhered to, and sometimes something contrary to the Shari'ah occurs. The father may delay his daughter's marriage, meaning ... he delays her marriage. Why? For material greed. He says, "This suitor has come; this man is a vagabond, a poor man, he does not raise his lowly status. So so-and-so, by Allah, is good, but he was not willing to pay anything in exchange for his daughter's mahr." And so, whenever a suitor comes, he finds some excuse, and the girl will be left behind. In this case, the Shari'ah does not allow her to marry herself, because the Prophet (peace and blessings be upon him) said:
Whichever woman married without the permission of her Wali her marriage is invalid, her marriage is invalid, her marriage is invalid أيما امرأة نكحت نفسها بنفسها بغير إذن وليها فنكاحها باطل فنكاحها باطل فنكاحها باطل
Jami` at-Tirmidhi 1102Hasan (Darussalam)
He (may Allah's prayers and peace be upon him) said:
If there is a dispute, the sultan (man in authority) is the guardian of one who has none. فإذا اختلفوا فالسلطان ولي من لا ولي له
Sunan Abi Dawud 2083Sahih (Al-Albani)
So, this girl we were discussing recently, whose father delayed her marriage for a purely material reason, she should bring her case to the Shari'ah judge. He will send ... to her guardian. The guardian may sometimes be someone other than the father, who does not care about the girl's interest as a father usually does. So the Shari'ah judge sends for her guardian and asks him in detail about the reason for his delay. If he hears from him a Shari'ah reason, such as saying, "So-and-so came to me to propose to her, but he, for example, abandons prayer," because he is a judge of the Shari'ah ... he came to me and he does not drink intoxicants, he does not say to him, "Why?" This is the obligation. It is not permissible for the guardian to marry his daughter to an open sinner. But if he hears from him reasons other than Shari'ah reasons, such as what I mentioned earlier, then in this case, the judge takes over the marriage despite the guardian's objection, if it becomes clear to the judge that the suitor is a suitable match for her. Suitability has no relation to anything other than religion at all, due to his (peace and blessings be upon him) saying:
A woman is married for four things: her wealth, her beauty, her lineage, and her religion. So, hold fast to the one with religion. May your hands be rubbed with dust. تنكح المرأة لأربعة لمالها وجمالها وحسبها ودينها فعليك بذات الدين تربت يداك
So, if the judge knows that this suitor is a religious man and a suitable match from this perspective for this Muslim girl, then he remains the one who contracts the marriage for him, even if the guardian drank the sea. This is how ... .
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

Similar fatwas