The ruling on marrying a woman without her consent
Machine translationRead the Arabic original
Question:
We move on to a letter sent by a questioner from Sudan, who coded her name as (K. A. M. A). In her first question, she asks: If the marriage contract is concluded for a girl without her consent or without her knowledge, is this marriage considered lawful, especially if the girl is an orphan? And what is the penalty for the agent who falsely testified to her consent? Please inform us of this.
Answer:
The marriage is not valid except with her consent. If she is a virgin, her consent is her silence, whether she is an orphan or not. The Prophet (peace and blessings be upon him) said:Sahih al-Bukhari 6968. They asked: "How is the consent of a virgin, O Messenger of Allah?" He said: .
It is obligatory for her guardian to seek her permission and not to marry her off until... even if it is her father, it is obligatory for him to seek her permission. For a virgin, her silence is sufficient, but a previously married woman must speak and say, "There is no harm." If he marries her off without her consent, forcing her, the marriage is invalid and not valid. It must be renewed if she consents. Her consent is necessary, either by silence in the case of a virgin or explicitly, whether she is an orphan or not.
The one who lies and says, "She consented," while he is lying, deserves to be disciplined and punished by the court for his lying and injustice. Yes.
The presenter: May Allah reward you with good.
We move on to a letter sent by a questioner from Sudan, who coded her name as (K. A. M. A). In her first question, she asks: If the marriage contract is concluded for a girl without her consent or without her knowledge, is this marriage considered lawful, especially if the girl is an orphan? And what is the penalty for the agent who falsely testified to her consent? Please inform us of this.
Answer:
The marriage is not valid except with her consent. If she is a virgin, her consent is her silence, whether she is an orphan or not. The Prophet (peace and blessings be upon him) said:
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 الأيم حتى تستأمرThat she remains silent.
أن تسكتIt is obligatory for her guardian to seek her permission and not to marry her off until... even if it is her father, it is obligatory for him to seek her permission. For a virgin, her silence is sufficient, but a previously married woman must speak and say, "There is no harm." If he marries her off without her consent, forcing her, the marriage is invalid and not valid. It must be renewed if she consents. Her consent is necessary, either by silence in the case of a virgin or explicitly, whether she is an orphan or not.
The one who lies and says, "She consented," while he is lying, deserves to be disciplined and punished by the court for his lying and injustice. Yes.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.