The questioner says: I am a girl of sixteen years old, and my father married me off about six months ago to a husband I do not know and know nothing about.
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The questioner : I am a girl of sixteen years old, and my father married me off about six months ago to a husband I do not know and know nothing about. My father forced me into it, and I lived with this husband for only five months. I do not love him at all. He beats me, and one day he beat me severely and divorced me with three divorces six times. I returned to my family, and I am with them now for about ten months, and he has left me. I am sad and suffering the most severe torment. My father prevented me from completing my studies without reason. This husband says he will not divorce me until after five years or more, and my father says he will not speak to him... if he takes you, he takes you, or leaves you.
What should I do? Please, I am in distress. My father forced me into it and took all the marriage money. My father is difficult for us, and we are afraid of him, and I cannot speak to him about anything at all. What should I do? Please, the solution. May Allah guide you?
The Shaykh : Praise be to Allah, Lord of the worlds. After that, this question contains three matters.
The questioner : Yes.
The Shaykh : The first matter is the marriage contract for you to a man you do not know and did not consent to. It is forbidden for your father to marry you off except after your permission to marry a person who is described to you with all the details regarding your desires, such as his appearance, character, religion, earnings, and beauty, which naturally relates to his appearance.
In any case.
The questioner : Yes.
The Shaykh : It is not permissible for a father or anyone else to marry off anyone over whom he has guardianship except after obtaining their permission, based on the saying of the Prophet (peace and blessings be upon him)Sahih al-Bukhari 6968 and in a sound narration in Muslim , where he specified the virgin and specified the father.
The correct opinion among the scholars is that if your father marries you to someone you do not approve of, the marriage is invalid, but if you ratify it, it is valid.
The questioner : Yes.
The Shaykh : Otherwise, you have the right to annul it, or more correctly, you have the right to invalidate the contract and prevent its effect. This is one point.
The questioner : Yes.
The Shaykh : The second matter related to this question is your husband's treatment of you, if what you said is true. Then this treatment is bad treatment, and it is contrary to the saying of Allah the Exalted. This treatment permits you to seek separation from him and release from him. It is not permissible for him in this situation to make things difficult for you regarding your right, so that you ransom yourself from him with what he gave you as mahr or without it, or with more than it.
The questioner : Yes.
The Shaykh : Rather, it is obligatory for him and every husband to treat his wife with kindness in spending, in sleeping, in speech, and in all circumstances, based on the saying of Allah, Blessed and Exalted is He.
The third matter: regarding your father, it is obligatory for him in this situation, if what you said about your husband is true, to defend your right. You are among the most deserving people of his dutifulness, and he is the most deserving person to defend you. You are undoubtedly wronged in this situation, so your father must remove the injustice from you, because that is part of dutifulness and maintaining family ties. It is not permissible for him to remain silent about this matter.
The questioner : Yes.
The Shaykh : Every matter can be resolved either through reconciliation, by sending two arbitrators from your family and his family to look into the matter and separate you two if reconciliation is not possible, or if this method is not possible, then by any other method that can resolve this problem, as it is said, the last resort is cauterization.
The questioner : Yes.
The Shaykh : The last resort is to present it to the Shari'ah court to judge according to what the Shari'ah determines.
The questioner : Yes.
The Shaykh : Yes.
What should I do? Please, I am in distress. My father forced me into it and took all the marriage money. My father is difficult for us, and we are afraid of him, and I cannot speak to him about anything at all. What should I do? Please, the solution. May Allah guide you?
The Shaykh : Praise be to Allah, Lord of the worlds. After that, this question contains three matters.
The questioner : Yes.
The Shaykh : The first matter is the marriage contract for you to a man you do not know and did not consent to. It is forbidden for your father to marry you off except after your permission to marry a person who is described to you with all the details regarding your desires, such as his appearance, character, religion, earnings, and beauty, which naturally relates to his appearance.
In any case.
The questioner : Yes.
The Shaykh : It is not permissible for a father or anyone else to marry off anyone over whom he has guardianship except after obtaining their permission, based on the saying of the Prophet (peace and blessings be upon him)
A virgin should not be married till she is asked for her consent; and the matron should not be married till she is asked whether she agrees to marry or not.
لا تنكح البكر حتى تستأذن ولا تنكح الثيب حتى تستأمرAnd the virgin is to be consulted by her father.
والبكر يستأمرها أبوهاThe correct opinion among the scholars is that if your father marries you to someone you do not approve of, the marriage is invalid, but if you ratify it, it is valid.
The questioner : Yes.
The Shaykh : Otherwise, you have the right to annul it, or more correctly, you have the right to invalidate the contract and prevent its effect. This is one point.
The questioner : Yes.
The Shaykh : The second matter related to this question is your husband's treatment of you, if what you said is true. Then this treatment is bad treatment, and it is contrary to the saying of Allah the Exalted
and live with them in kindness
وعاشروهن بالمعروفThe questioner : Yes.
The Shaykh : Rather, it is obligatory for him and every husband to treat his wife with kindness in spending, in sleeping, in speech, and in all circumstances, based on the saying of Allah, Blessed and Exalted is He
and live with them in kindness
وعاشروهن بالمعروفThe third matter: regarding your father, it is obligatory for him in this situation, if what you said about your husband is true, to defend your right. You are among the most deserving people of his dutifulness, and he is the most deserving person to defend you. You are undoubtedly wronged in this situation, so your father must remove the injustice from you, because that is part of dutifulness and maintaining family ties. It is not permissible for him to remain silent about this matter.
The questioner : Yes.
The Shaykh : Every matter can be resolved either through reconciliation, by sending two arbitrators from your family and his family to look into the matter and separate you two if reconciliation is not possible, or if this method is not possible, then by any other method that can resolve this problem, as it is said, the last resort is cauterization.
The questioner : Yes.
The Shaykh : The last resort is to present it to the Shari'ah court to judge according to what the Shari'ah determines.
The questioner : Yes.
The Shaykh : Yes.