The Ruling on Forcing a Woman to Marry
Machine translationRead the Arabic original
This is also a letter, O Shaykh, addressed to you personally, sent from al-Mahd, from 'Uwaidah 'A'id al-Mutayri. She says: "May your eminence, Shaykh 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, please inform us on the following matter: I am informing you that my daughter and her guardian—her brother—said... It is actually a long letter, and its summary is: She describes her situation with her daughter and her daughter's brother, whether this brother is her daughter's brother from a man other than her husband. She says: This brother wanted to marry his sister to a man she did not approve of, and this mother followed his desire, meaning: she wanted to please the girl's brother, so he married his sister to a man she did not approve of. Is there a sin on the mother for that?"
Answer: This question involves a distinction: If the girl did not consent, then it is not permissible to marry her off under any circumstances...
The presenter: She says: The girl did not consent.
The Shaykh: No one may marry her off, neither her father nor anyone else, nor her mother nor her brother nor anyone else. The Prophet (peace and blessings be upon him) forbade marrying off women except with their permission, and he said:.
So the result is: A woman is not to be married off except with her permission. Therefore, it is not permissible for her mother or her brother to force her into marriage. Likewise, it is not permissible for her father to force her, according to the correct opinion, if she is a virgin of legal age or at least nine years old. If she is nine years old or older, she must be consulted. If she gives permission, fine; otherwise, she is not to be married. Her permission is sufficient by her silence, for her father and for anyone other than her father. For her father, and a fortiori for anyone other than her father. So this brother of hers, if he is her brother on her mother's side, he is not her guardian. If he is a brother on the mother's side, he is not her guardian. Rather, her guardians are the 'asabah (residuary male heirs): her full brothers and her brothers on her father's side. These are her guardians. However, if he is her brother on her father's side or on both her father's and mother's side, he is an 'asabah (residuary male heir), but he has no right to marry her off except with her permission. Marrying her off without her permission is defective (fasid) and not valid. It is necessary to take her permission in marriage under all circumstances. But her permission is her silence if she is a virgin. As for the previously married woman (thayyib), her explicit permission is necessary. She must speak the permission. Yes.
Answer: This question involves a distinction: If the girl did not consent, then it is not permissible to marry her off under any circumstances...
The presenter: She says: The girl did not consent.
The Shaykh: No one may marry her off, neither her father nor anyone else, nor her mother nor her brother nor anyone else. The Prophet (peace and blessings be upon him) forbade marrying off women except with their permission, and he said:
Do not marry off a virgin until she is asked for her permission, and do not marry off a previously married woman until she is consulted. They said: O Messenger of Allah! What about the virgin, for she is shy? He said: Her permission is her silence.
لا تزوجوا البكر حتى تستأذن، ولا تزوجوا الأيم حتى تستأمر، قالوا: يا رسول الله! في البكر إنها تستحي، قال: إذنها سكوتهاSo the result is: A woman is not to be married off except with her permission. Therefore, it is not permissible for her mother or her brother to force her into marriage. Likewise, it is not permissible for her father to force her, according to the correct opinion, if she is a virgin of legal age or at least nine years old. If she is nine years old or older, she must be consulted. If she gives permission, fine; otherwise, she is not to be married. Her permission is sufficient by her silence, for her father and for anyone other than her father. For her father, and a fortiori for anyone other than her father. So this brother of hers, if he is her brother on her mother's side, he is not her guardian. If he is a brother on the mother's side, he is not her guardian. Rather, her guardians are the 'asabah (residuary male heirs): her full brothers and her brothers on her father's side. These are her guardians. However, if he is her brother on her father's side or on both her father's and mother's side, he is an 'asabah (residuary male heir), but he has no right to marry her off except with her permission. Marrying her off without her permission is defective (fasid) and not valid. It is necessary to take her permission in marriage under all circumstances. But her permission is her silence if she is a virgin. As for the previously married woman (thayyib), her explicit permission is necessary. She must speak the permission. Yes.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
