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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Ruling on Forcing a Daughter to Marry

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Question:
The listener: Abdullah Uthman sent a message. The summary of this message is that he asks Your Eminence about the ruling on forcing a daughter to marry, especially if the man is older than her in age, or if he has some moral deficiency? May Allah reward you with good.

Answer:
The wali (guardian) has no right to force a woman to marry, even if it is with the most perfect of people. He has no right to force her; rather, she has the choice. This is based on the saying of the Prophet (peace and blessings be upon him):
"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! كيف إذنها؟ قال: أن تسكت
Sunan an-Nasa'i 3267Sahih (Darussalam)
, 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
. So neither the father nor anyone else has the right to force a daughter to marry if she is nine years old or older. Rather, her permission is necessary, even if it is by silence. As for the woman who has been married before (the previously married woman), her explicit permission by speech is necessary; she says: Yes. He has no right to force her ever, even if he is her father, and even if the husband is from the best of people, because this matter is specific to her and is for her benefit, so she is not to be forced. Yes.

The presenter: May Allah reward you with good, and may He do you good.
Source binbaz.org.sa

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

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