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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Ruling on Marrying a Virgin Without Her Consent

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Question:
My father wants to marry one of my sisters to a young boy who is thirteen years old without her consent. This boy is not upright, and previously, he married my eldest sister without her consent as well, and she was divorced. Then he married the next sister without her consent, and the groom knew that and divorced her. Is it permissible for me to oppose him and refuse this groom?

Answer:
It is obligatory for your father, may Allah guide him, that he does not marry her off except with permission, if the girl has reached the age of nine or more; he has no right to marry her off except with permission.
The Prophet (peace and blessings be upon him) said:
A lady slave should not be given in marriage until she is consulted, and a virgin should not be given in marriage until her permission is granted.لا تنكح الأيم حتى تستأمر، ولا تنكح البكر حتى تستأذن
Sahih al-Bukhari 6970
They said: O Messenger of Allah, she is shy. He said:
Her permission is her silenceإذنها سكوتها
And in the other wording, he said:
And the virgin is asked for her permission, and her permission is her silenceوالبكر يستأذنها أبوها، وإذنها صماتها
.
So it is obligatory for him to seek her permission, and if she is silent; that is sufficient, and he does not need her to say: Yes, when she is silent; that is sufficient, but that he forces her, and compels her, and she says: No; it is not permissible for him, in the correct opinion, in the most correct of the opinions of the scholars, it is not permissible for him, some say: that he has the right to force her, and that is the opinion of a group of the people of knowledge, but it is a weak opinion, a group of the people of knowledge said: that the father forces his virgin daughter, and this is an error, and it is contrary to the authentic hadiths.
So the correct opinion: that he does not force her if she is of age to be asked for permission, a girl of nine or more, and it is not permissible for him to marry her off while she is under nine except if there is a benefit he sees, an Islamic religious benefit, such as if a suitable match in his religion and knowledge proposes to her, and he fears that he will miss out, so he marries her to him before she is of age to be asked for permission, before nine, as the Prophet (peace and blessings be upon him) married 'A'ishah through her father Abu Bakr when she was six years old, or seven years old; because this is a gain for her, if al-Idh (the truthful one) married her to the Prophet (peace and blessings be upon him), this is a great gain, so al-Idh was doing good in that, so likewise her good father who wants good for her, if he marries her before nine to a righteous man, one with knowledge, and one with religion and happiness, then his marriage is not a problem.
But if she reaches nine, it is not permissible to marry her off except with her permission, and likewise a girl of twelve, thirteen, and fourteen, a fortiori, and likewise those above that, a fortiori.
The point: that this is the correct opinion, and you, O son, if your father does not obey you; you raise the matter to the court, and the court looks into the matter, but you do not say to your father except good, you must speak kindly, and be polite with your father and advise him, so if he refuses; you say: O my father, raise his matter to the court, you clear your conscience, call upon the people of knowledge so that they guide you with kind words, and if he does not accept from you, look to the good brothers among your maternal uncles, or your paternal uncles, or your good neighbors; so that they advise him; so that they speak with him, and it is not permissible for him to wrong these girls.
Source binbaz.org.sa

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

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