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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on forcing a woman to marry someone she does not approve of

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Question:
The first message in this episode is one that reached the program from one of the female listeners, who indicated her name with the letters (M. M. N). Her message is somewhat lengthy, and in my view, it is an important issue—Your Eminence, the Shaykh—she says: I am a daughter who was married off to a man older than my father. This man was previously married and did not have any children. They married me off against my will. I spent nine months with this man and disliked living with him, so I returned to my family and asked for a divorce, but he refused. He says that the mahr he paid exceeds one hundred thousand riyals, and my father says that this mahr is eighty thousand riyals in gold. Now I want a divorce under any circumstances. Some say that you do not have this right, while others say that it is indeed your right. I ask you to guide us. May Allah reward you with good.
Answer: In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send prayers and blessings upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance.
As for what follows:
This is a matter of dispute, and the reference for it is the court. You or your guardian must consult the court with the husband. The judicial authority will look into the matter and rule between you according to what he sees as being in accordance with the Shari'ah. We ask Allah for success for everyone. Yes.

The presenter: O Allah, amen. May Allah reward you with good. Would you please, Your Eminence, the Shaykh, guide people regarding the closeness in age between the suitor and the one being proposed to?

The Shaykh: It is obligatory for the awliya (guardians) not to marry off their wards except with their consent. This is the obligation. The Prophet (peace and blessings be upon him) said:
A lady slave should not be given in marriage until she is consultedلا تنكح الأيم حتى تستأمر
Sahih al-Bukhari 6970
—the divorced woman: one who has been married previously—
and a virgin should not be given in marriage until her permission is soughtولا تنكح البكر حتى تستأذن
Jami` at-Tirmidhi 1107Sahih (Darussalam)
. They said: O Messenger of Allah! How is her consent given? He said:
That she remains silent.أن تسكت
, and in another hadith he (peace and blessings be upon him) said:
And a virgin is to be consulted by her father, and her permission is her silenceوالبكر يستأذنها أبوها، وإذنها سكوتها
.
Therefore, it is not permissible for the father or anyone other than the father to marry her off except with her consent, even if she is his daughter, even if she is a virgin. According to the correct opinion of the scholars, he does not have the right to marry her off except with her permission. This is a matter concerning her interest, so he does not have the right to marry her off except with her permission. He should choose for her a suitable match who is good in his religion, his morals, and his family. He should choose the good for her and indicate and advise her, as should her brothers and her good uncles. However, if she refuses, she should not be forced, for she knows herself best. And so it is with the rest of the awliya, a fortiori. Her brothers and uncles should not force her into marriage. Her permission is necessary.
As for her refusing, she should not refuse if a suitable match comes. She should accept from her father, her brothers, and her uncles. If a suitable match comes in terms of his religion and his family, she should accept. Marriage contains much good and many benefits. In the hadith, he (peace and blessings be upon him) said:
When someone whose religion and character you are pleased with comes to you then marry (her to) him. If you do not do so, then there will be turmoil (Fitnah) in the land and discord (Fasad).إذا جاءكم من ترضون دينه وخلقه فزوجوه، إلا تفعلوه تكن فتنة في الأرض وفساد كبير
Jami` at-Tirmidhi 1085Da'if (Darussalam)
And he (peace and blessings be upon him) said:
Young man, those of you who can support a wife should marry, for it keeps you from looking at strange women and preserves you from immorality; but those who cannot should devote themselves to fasting, for it is a means of suppressing sexual desire.يا معشر الشباب! من استطاع منكم الباءة فليتزوج، فإنه أغض للبصر وأحصن للفرج، ومن لم يستطع فعليه بالصوم فإنه له وجاء
Mishkat al-Masabih 3080
This includes both daughters and sons.
Young men and women should marry if they are able. A man is able if he seeks a woman and pays the required mahr, and a woman is able if a suitable suitor proposes to her and she accepts. Her guardian (wali) can also seek a suitable match for her, and if he proposes to her on her behalf, there is no harm in that. If he proposes to someone he considers suitable, there is no harm in that. It is established that 'Umar (may Allah be pleased with him), when his daughter Hafsa was widowed, offered her to 'Uthman and said to him, "I have no desire to marry at this time." He also offered her to Abu Bakr al-Siddiq (may Allah be pleased with him), but Abu Bakr remained silent. 'Umar was later informed that Abu Bakr had remained silent because he had heard that the Prophet (peace and blessings be upon him) desired to marry her, so the Prophet (peace and blessings be upon him) married her.
Therefore, there is no harm in a man proposing to his ward, whether a daughter or a sister. He says to so-and-so, whom he knows to be good: I have a daughter, or... a sister, if you have a desire. But he does not marry her off except with her permission. He presents it to her and informs her that this is a suitable match and that he is good, with such and such characteristics. It is prescribed for her to respond and to strive for marriage if a good suitable match comes.
As for forcing; it is not permissible to force daughters and compel them to a husband they do not approve of, neither from their fathers nor from their brothers nor from any other of the awliya. And she herself—the daughter—should also strive to agree to the suitable suitor and not be stubborn or severe in matters; because she may be severe in matters or stubborn, and thus it becomes delayed, and the presence of a suitable husband is delayed. She should hasten to accept when a suitable match comes. She and her awliya should hasten. 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.

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