Hi. I hope you can help with a problem.
I have a friend who was forced into marriage. She hated her husband at the time and was blackmailed into marrying him. Many months after the wedding she finally started to accept him slowly and now years later they are so happy together that you would not believe it was a forced marriage.
From an islamic point of view is her nikkah valid?
All answers much apprerciated.
^
ask a scholar....
blackmailed into marrying?
As armughal said.. check from a religious scholar of your choice.
Just FYI, marriage is as much a civil contract as it is an emotional and religious union. And from a civil law stand-point, coerced contracts are void ab initio. Though marriage is usually given more leeway due to its unique status in society.
here is one fatwa from islam-qa…but you said she is happy now, so i guess whats the problem them?..
I am muslim. I have to ask a question about my friend who is being forced to marry someone by her parents. She wanted to marry someone else. The guy who she is being forced to marry is more educated and wealthy than the one who she wanted to marry. Her parents has disapproved of her choice and they are forcing her to marry that guy. The guy who she likes is also muslim and very much devoted into islam. But just because the society would not talk about them they don't like the guy who she loves. Any suggestions??
Answer :
Praise be to Allaah.
It is not permissible for a woman to be made to marry someone she does not want. The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “A previously-married woman should not be married without being consulted, and a virgin should not be married without asking her permission.” They said, “O Messenger of Allaah, how is her permission given?” He said, “By her silence.” (Reported by al-Bukhaari, 6455).
‘Aa’ishah reported that a girl came to her and said, “My father married me to his brother’s son in order to raise his social standing, and I did not want this marriage *.” ‘Aa’ishah said, “Sit here until the Prophet (peace and blessings of Allaah be upon him) comes. The Messenger of Allaah (peace and blessings of Allaah be upon him) came and she told him about the girl. The Prophet (peace and blessings of Allaah be upon him) sent for her father, then he gave the girl the choice of what to do. She said, “O Messenger of Allaah, I have accepted what my father did, but I wanted to prove something to other women.” (Reported by al-Nisaa’i, 3217).
So, both the guardian and the woman must agree to the marriage. With regard to your request for our advice regarding the problem mentioned in the question, so long as this marriage has taken place, it is better for the woman to try to keep it going as much as she can, and to try to accept this husband. She should seek reward through pleasing her parents and also try to reform her husband through a gentle approach and praying for guidance for him. And Allaah is the Source of Strength.
http://63.175.194.25/index.php?ln=eng&ds=qa&lv=browse&QR=4602&dgn=4*
as i view it, from the limited knowledge i have, the marriage is VALID until the woman takes up the case to a Shariah Court and tells the qadhi (judge) that she does not want this marriage....
and unless the Islamic Court (or any other court of law these days) rules her marriage invalid, she is to remain in the wedlock....
wallahu aalam bissawab....
i think it is :k:
If she didn't object at the time of nikah, then her silence is taken as her assent. So it should be valid.
[QUOTE]
*Originally posted by skhan: *
If she didn't object at the time of nikah, then her silence is taken as her assent. So it should be valid.
[/QUOTE]
But then again, how could she object? She was forced into it.
Coming up with theoretical answers to situations is very easy, but acting on them is very hard.
how happy can she be if she was forced and blackmailed into it?
the question says shes happy now,,,...well things change, may be the guy turned out to be pretty good so shes ok now...whats the big deal?
[QUOTE]
*Originally posted by ThandyMazaq: *
the question says shes happy now,,,...well things change, may be the guy turned out to be pretty good so shes ok now...whats the big deal?
[/QUOTE]
i guess, i wudnt' really know
and anyway if she's happy now then why is this thread even here? why even ask the question in the first place?
[QUOTE]
*Originally posted by Sara516: *
i guess, i wudnt' really know
and anyway if she's happy now then why is this thread even here? why even ask the question in the first place?
[/QUOTE]
actually i asked the same question...why bother?
I agree with what Armughal has written.
On a second note, no matter we have all the clear cut instructions regarding a women's right to choose, parents would remain the same and would do the same. Is point par religion ki koi injunctions unko yaad naheen rehteen...