Forcing a virgin or a previously married woman to marry by her guardian
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In truth, I have many questions for you, O honorable Shaykh, regarding Hajj, but this is a message I found among the letters from the questioner (S. M. Sh). He says: Is it permissible for a man to force his virgin daughter to marry, and likewise a previously married woman?
Answer: In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send blessings and peace upon the Messenger of Allah, upon his family and his Companions, and upon those who follow his guidance.
Answer: As for what follows, a man must not force his virgin or previously married daughter to marry. Many people are lax in this matter, especially regarding virgins, which leads to much conflict between the spouses, great corruption, and many lawsuits and disputes. All of this is caused by deviating from the truth and failing to do what is obligatory, which is seeking permission. The Prophet (peace and blessings be upon him) explicitly prohibited this in an authentic hadith. In the two Sahihs, it is narrated from the Prophet (peace and blessings be upon him) that he said: The permission of a virgin is her silence. Therefore, it is not permissible for anyone to force his previously married or virgin daughter to marry. Rather, he must seek their permission and consult them about themselves. Marriage is not an easy matter; it is a great matter. He is her partner, the one with whom she is united, and she settles with him and he settles with her. Therefore, the matter concerning them is of great importance. A father must not force his daughter to marry, whether she is a virgin or a previously married woman. Rather, he must consult her and take her opinion in the matter. He must explain to her about the husband and his condition, that he is such and such, the son of so-and-so, that his character is such, and his work is such. He must clarify the matter to her. If she responds and agrees, praise be to Allah. If she is a virgin, her silence is sufficient. As for the previously married woman, she must speak; she must say "yes" or something similar indicating her consent. As for the virgin, because shyness may overcome her, she may be shy, so there is no harm in accepting her silence. If she remains silent or cries, that is sufficient. This is what is obligatory. It is never permissible to force her to marry without her permission. Even if some scholars have said otherwise and preferred that a man marry off his virgin daughter without her permission because she does not fully know what is in her best interest, this is a statement that contradicts the Sunnah and opposes it, so it should not be relied upon. Allah the Exalted says: [Al-Ma'idah: 92], and He says: [An-Nur: 63], and He says: [An-Nisa: 59]. It is not permissible for a believer to disobey the command of Allah and the command of His Messenger (peace and blessings be upon him) because of the statement of any person, whoever he may be.
This is what is obligatory upon fathers. As for the other guardians, it is even more so: the brother, the son, and the paternal uncle. It is even more so for them; they have no right to marry off any woman without her permission, whether she is a virgin or a previously married woman. The disagreement is only regarding the father: whether he can marry off a virgin without her permission, and likewise the grandfather?
Answer: Yes, he has no right to marry her off without her permission. Neither the father nor the grandfather has the right to marry off a virgin daughter without her permission. If she refuses, he has no right to force her, whether he is her father, who is the closest person to her, or her grandfather; it is even more so for him.
Likewise, brothers and sons: a son has no right to force his mother to marry, and a brother has no right to force his sister to marry. No, none of this is permissible.
Therefore, it is obligatory upon Muslims to follow the Sunnah and hold it in high esteem, and to be cautious of opposing the Sunnah in marrying off virgins without their permission. Its corruption is great, its danger is immense, and its consequences are generally severe. There is no power and no strength except with Allah. Yes.
Answer: In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send blessings and peace upon the Messenger of Allah, upon his family and his Companions, and upon those who follow his guidance.
Answer: As for what follows, a man must not force his virgin or previously married daughter to marry. Many people are lax in this matter, especially regarding virgins, which leads to much conflict between the spouses, great corruption, and many lawsuits and disputes. All of this is caused by deviating from the truth and failing to do what is obligatory, which is seeking permission. The Prophet (peace and blessings be upon him) explicitly prohibited this in an authentic hadith. In the two Sahihs, it is narrated from the Prophet (peace and blessings be upon him) that he said:
Do not marry a virgin until you seek her permission, and do not marry a previously married woman until you consult her. They said: O Messenger of Allah! If the virgin is shy, how is her permission? He said: By her remaining silent.
لا تنكح البكر حتى تستأذن، ولا تنكح الثيب حتى تستأمر، قالوا: يا رسول الله! إن البكر تستحي فكيف إذنها؟ قال: أن تسكتAnd obey Allah and obey the Messenger
وَأَطِيعُوا اللَّهَ وَأَطِيعُوا الرَّسُولَSo let those beware who dissent from the Prophet's order, lest fitnah strike them or a painful punishment.
فَلْيَحْذَرِ الَّذِينَ يُخَالِفُونَ عَنْ أَمْرِهِ أَنْ تُصِيبَهُمْ فِتْنَةٌ أَوْ يُصِيبَهُمْ عَذَابٌ أَلِيمٌAnd if you disagree over anything, refer it to Allah and the Messenger
فَإِنْ تَنَازَعْتُمْ فِي شَيْءٍ فَرُدُّوهُ إِلَى اللَّهِ وَالرَّسُولِThis is what is obligatory upon fathers. As for the other guardians, it is even more so: the brother, the son, and the paternal uncle. It is even more so for them; they have no right to marry off any woman without her permission, whether she is a virgin or a previously married woman. The disagreement is only regarding the father: whether he can marry off a virgin without her permission, and likewise the grandfather?
Answer: Yes, he has no right to marry her off without her permission. Neither the father nor the grandfather has the right to marry off a virgin daughter without her permission. If she refuses, he has no right to force her, whether he is her father, who is the closest person to her, or her grandfather; it is even more so for him.
Likewise, brothers and sons: a son has no right to force his mother to marry, and a brother has no right to force his sister to marry. No, none of this is permissible.
Therefore, it is obligatory upon Muslims to follow the Sunnah and hold it in high esteem, and to be cautious of opposing the Sunnah in marrying off virgins without their permission. Its corruption is great, its danger is immense, and its consequences are generally severe. There is no power and no strength except with Allah. Yes.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.