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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on a father forcing his daughter to marry a man she rejects

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This is a message received by the program from the Yemen Arab Republic, from the questioner Yahya Muhammad Nasri. He says: What is your opinion regarding a man who loved a woman and they agreed to marry her, so he proposed to her father, but the father refused, saying that he had vowed to Allah to marry her to his nephew. However, the daughter did not want to marry her maternal uncle's son or her paternal uncle's son, so she strongly rejected this marriage. But her father forced her, so she stayed with her maternal uncle's son or paternal uncle's son for only three days, and he did not consummate the marriage, and she refused to return to him. He refused to divorce her, so she remained with her father for five years now, and she does not want to return to the husband she was forced to marry. Does she have the right to annul the marriage, and how is that done?
Answer: It is obligatory for the daughter's father and every guardian not to coerce the woman under his guardianship and not to force her to marry anyone. Rather, her permission is necessary. Her father chooses for her, her guardian chooses for her, such as her brother or her paternal uncle; they choose a righteous, good man, but they do not force her. The Prophet (peace and blessings be upon him) said:
A previously married woman should not be married until her consent has been sought, and a virgin should not be married until her permission has been sought." They said: "O Messenger of Allah, what is her permission?" He said: "If she remains silent."لا تنكح الأيم حتى تستأمر، ولا تنكح البكر حتى تستأذن، قالوا: يا رسول الله! إنها تستحي -يعني: البكر- قال: إذنها صماتها، إذنها سكوتها
Sunan an-Nasa'i 3267Sahih (Darussalam)
, and he said (peace and blessings be upon him):
And the father of a virgin girl seeks her permission, and her permission is her silenceوالبكر يستأذنها أبوها وإذنها صماتها
. A virgin woman came to him and said:
O Messenger of Allah! My father married me off while I was averse to it. So the Prophet (peace and blessings be upon him) gave her the choice.يا رسول الله! إن أبي زوجني وأنا كارهة فخيرها النبي ﷺ
. So it is obligatory for all fathers and guardians to fear Allah, and not to marry their wards except with permission and consent. The right is hers and the need is hers; she is not to be married except with her permission. If she dislikes the suitor, she is not to be married to him. Rather, they should seek for her someone she approves of from among the good and righteous. If a suitable suitor proposes, it is obligatory to marry her to him, even if he is distant and not one of her relatives. It is not permissible to force her to marry her maternal uncle's son or her paternal uncle's son if she does not approve of him. This marriage is an evil and invalid; it is not valid. If she was forced to marry her paternal uncle's son, it is a defective marriage that is not valid. It is obligatory for her father to repent to Allah, and it is obligatory for him to strive to free her from this man through the court, or through giving him his right, which is that he permits it and divorces her, so that there is no dispute between them, or through the righteous who advise him and counsel him to divorce her. The point is that the husband must divorce her; it is obligatory for him to divorce her, and it is not permissible for him to take a woman who hates him and is forced upon him. This is not permissible for him. Rather, it is obligatory for him to retract from this opinion, and to be satisfied with the right that was paid to them, then divorce her with one divorce, to cut off the cause of attachment to her and to get out of the disagreement of the scholars who say: it is permissible for the father to force his virgin daughter. That is a weak, rejected opinion. Some scholars say: he has the right to force his virgin daughter, but it is a weak, rejected opinion that contradicts the saying of the Prophet (peace and blessings be upon him):
a virgin should not be given in marriage until her permission is soughtلا تنكح البكر حتى تستأذن
Jami` at-Tirmidhi 1107Sahih (Darussalam)
, and his saying (peace and blessings be upon him):
And the virgin's father seeks her permission, and her permission is her silence.والبكر يستأذنها أبوها وإذنها سكوتها
. We ask Allah for guidance for everyone. Yes.
The presenter: May Allah reward you.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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