The Ruling on Marrying a Woman Without Her Consent
Machine translationRead the Arabic original
Question:
This questioner, Maryam (M.A.) from the Arab Republic of Egypt, wrote this question in her own style, saying: “Your Eminence! I have a problem, which is that I am twenty-seven years old. The questioner says: Ten years ago, my family forced me to marry my cousin, and I did not want him. When they threatened to beat me, they sent me back to him, and I did not stay in his house for more than five days, then I returned to my family’s house. After three years, they forced me to return to him again, and I did not stay with him except for three days. After that, this man married [another woman], and my family are stubborn with me and have not divorced me from him for ten years. In his life, he has never prayed a single rak'ah for Allah, and I am a girl who is committed to the commands of the religion and to the obligatory acts, and I do not accept remaining with this person. Please give us a ruling and guide us in this question. May Allah reward you with the best reward for us and for the Muslims?”
Answer:
Your father or anyone else has no right to force you to marry a husband you do not approve of. This is not permissible; it is forbidden for him, and the marriage is not valid. This is based on the saying of the Prophet (peace and blessings be upon him):Sahih al-Bukhari 6970 They said: “O Messenger of Allah! How is her consent given?” He said: And he (peace and blessings be upon him) said: .
Therefore, it is obligatory for your father to fear Allah and not to force you to marry anyone ever. He should not marry you off except with your permission. And if this man does not pray, then the marriage is also invalid from two aspects: from the aspect that he does not pray, and from the aspect that you were forced. The marriage is invalid and not valid, and he has no right over you, because you did not consent to the marriage, and because he does not pray, while you are committed [to prayer]. The marriage is invalid, and it is not permissible to marry a Muslim woman who prays to a person who does not pray, because abandoning prayer is major shirk (associating partners with Allah) in the most correct of the scholars’ opinions, even if he does not deny its obligation. This is based on the saying of the Prophet (peace and blessings be upon him): narrated by Muslim in his Sahih, and his (peace and blessings be upon him) saying in the authentic hadith: Sunan Ibn Majah 1079Sahih (Darussalam).
Therefore, it is obligatory that the matter be taken to the court so that the contract is annulled. Your father must take his matter to the court so that the contract is annulled and so that you are freed from this man. As for if Allah guides him and he divorces you, then praise be to Allah. But if he refuses, the matter is taken to the court. The marriage is not valid, but the divorce is to cut off the ties and to get out of the dispute. Yes.
The presenter : May Allah reward you with good, O His Eminence the Shaykh.
This questioner, Maryam (M.A.) from the Arab Republic of Egypt, wrote this question in her own style, saying: “Your Eminence! I have a problem, which is that I am twenty-seven years old. The questioner says: Ten years ago, my family forced me to marry my cousin, and I did not want him. When they threatened to beat me, they sent me back to him, and I did not stay in his house for more than five days, then I returned to my family’s house. After three years, they forced me to return to him again, and I did not stay with him except for three days. After that, this man married [another woman], and my family are stubborn with me and have not divorced me from him for ten years. In his life, he has never prayed a single rak'ah for Allah, and I am a girl who is committed to the commands of the religion and to the obligatory acts, and I do not accept remaining with this person. Please give us a ruling and guide us in this question. May Allah reward you with the best reward for us and for the Muslims?”
Answer:
Your father or anyone else has no right to force you to marry a husband you do not approve of. This is not permissible; it is forbidden for him, and the marriage is not valid. This is based on the saying of the Prophet (peace and blessings be upon him):
A lady slave should not be given in marriage until she is consulted, and a virgin should not be given in marriage until her permission is granted.
لا تنكح الأيم حتى تستأمر، ولا تنكح البكر حتى تستأذنThat she remains silent.
أن تسكتThe virgin’s father seeks her permission, and her silence is her consent
البكر يستأذنها أبوها، وإذنها سكوتهاTherefore, it is obligatory for your father to fear Allah and not to force you to marry anyone ever. He should not marry you off except with your permission. And if this man does not pray, then the marriage is also invalid from two aspects: from the aspect that he does not pray, and from the aspect that you were forced. The marriage is invalid and not valid, and he has no right over you, because you did not consent to the marriage, and because he does not pray, while you are committed [to prayer]. The marriage is invalid, and it is not permissible to marry a Muslim woman who prays to a person who does not pray, because abandoning prayer is major shirk (associating partners with Allah) in the most correct of the scholars’ opinions, even if he does not deny its obligation. This is based on the saying of the Prophet (peace and blessings be upon him):
Between a man and disbelief and shirk (associating partners with Allah) is the abandonment of prayer.
بين الرجل، وبين الكفر والشرك ترك الصلاةThe covenant that distinguishes between us and them is prayer; so whoever leaves it, he has committed Kufr.
العهد الذي بيننا وبينهم الصلاة، فمن تركها؛ فقد كفرTherefore, it is obligatory that the matter be taken to the court so that the contract is annulled. Your father must take his matter to the court so that the contract is annulled and so that you are freed from this man. As for if Allah guides him and he divorces you, then praise be to Allah. But if he refuses, the matter is taken to the court. The marriage is not valid, but the divorce is to cut off the ties and to get out of the dispute. Yes.
The presenter : May Allah reward you with good, O His Eminence the Shaykh.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.