The Ruling on Marrying Off Daughters Without Their Consent
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Your Eminence! If you would be so kind as to address those who do not take the opinion of their daughters into account when it comes to marriage, or who force them and make excuses and excuses?
Answer: In any case, neither the father nor anyone other than the father has the right to force his ward to marry; rather, her permission is necessary. This is based on the saying of the Prophet (peace and blessings be upon him):Sunan an-Nasa'i 3267Sahih (Darussalam), and in another wording he said: , and in a third wording: . Therefore, it is obligatory for the father to seek her permission if she is nine years old or older, and likewise her guardians may not marry her off except with her permission. This is what is obligatory for everyone. And whoever marries her off without her permission, the marriage is not valid.
The presenter: So the marriage is not valid?
The Shaykh: It is not valid.
The presenter: May Allah reward you with good.
The Shaykh: Because one of the conditions of marriage, and one of the conditions of its validity, is the consent of both spouses. If he marries her off without her consent and coerces her with severe threats or beating, the marriage is not valid, except for the father in the case of a girl under nine. If he marries her off while she is a minor under the age of nine, there is no blame on him according to the correct view; because the Messenger (peace and blessings be upon him) married 'A'ishah without her permission while she was under the age of nine, as stated in the authentic hadith. However, once she reaches the age of nine or older, he may not marry her off except with her permission, even if he is her father. Yes.
The presenter: May Allah reward you. So, what is the word for those who wish to marry, Your Eminence?
The Shaykh: It is obligatory for the husband, if he knows that she does not want him, that he not proceed with it, even if her father is lenient with him. It is obligatory for him to fear Allah and not proceed with a woman who does not want him, even if her father claims that he forced her. It is obligatory for him to be wary of what Allah has forbidden for him; because the Messenger (peace and blessings be upon him) commanded seeking permission.
The presenter: And is there a word for the fiancée?
The Shaykh: We advise the fiancée to fear Allah, and we advise her to agree. If her father sees that he should marry her to a man and there is nothing wrong with his religion, praise be to Allah, then we advise her to agree if the suitor is good in his religion and his character. We advise her and counsel her to agree and not reject the suitor. Even if the one marrying her off is not her father, if she knows that he is righteous, then she should agree; because of the great good and many benefits in marriage, and because celibacy carries danger. So, we advise all our daughters, all the young women, we advise them all to agree. Whenever a suitable match comes, we advise them all to agree and not to make excuses based on studying or teaching or anything else.
Answer: In any case, neither the father nor anyone other than the father has the right to force his ward to marry; rather, her permission is necessary. 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 تسكتTheir permission is their silence.
إذنها صماتهاAnd the virgin's father seeks her permission, and her permission is her silence.
والبكر يستأذنها أبوها وإذنها سكوتهاThe presenter: So the marriage is not valid?
The Shaykh: It is not valid.
The presenter: May Allah reward you with good.
The Shaykh: Because one of the conditions of marriage, and one of the conditions of its validity, is the consent of both spouses. If he marries her off without her consent and coerces her with severe threats or beating, the marriage is not valid, except for the father in the case of a girl under nine. If he marries her off while she is a minor under the age of nine, there is no blame on him according to the correct view; because the Messenger (peace and blessings be upon him) married 'A'ishah without her permission while she was under the age of nine, as stated in the authentic hadith. However, once she reaches the age of nine or older, he may not marry her off except with her permission, even if he is her father. Yes.
The presenter: May Allah reward you. So, what is the word for those who wish to marry, Your Eminence?
The Shaykh: It is obligatory for the husband, if he knows that she does not want him, that he not proceed with it, even if her father is lenient with him. It is obligatory for him to fear Allah and not proceed with a woman who does not want him, even if her father claims that he forced her. It is obligatory for him to be wary of what Allah has forbidden for him; because the Messenger (peace and blessings be upon him) commanded seeking permission.
The presenter: And is there a word for the fiancée?
The Shaykh: We advise the fiancée to fear Allah, and we advise her to agree. If her father sees that he should marry her to a man and there is nothing wrong with his religion, praise be to Allah, then we advise her to agree if the suitor is good in his religion and his character. We advise her and counsel her to agree and not reject the suitor. Even if the one marrying her off is not her father, if she knows that he is righteous, then she should agree; because of the great good and many benefits in marriage, and because celibacy carries danger. So, we advise all our daughters, all the young women, we advise them all to agree. Whenever a suitable match comes, we advise them all to agree and not to make excuses based on studying or teaching or anything else.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.