Marrying a woman without her consent

Sadiyah · February 13, 2006, 11:47pm

Assalamo alaykum,

Someone forwarded me this fatwa a few days ago, so I thought I’d share some of it for the sake of general knowledge, insha’Allah.

Praise be to Allaah.

It is not permissible for the guardian, whether he is the father or anyone else, to marry off anyone under his care without her consent, because the Prophet (peace and blessings of Allaah be upon him) said: “A previously-married woman has more right concerning herself than her guardian, and the permission of a virgin should be sought (regarding marriage), and her permission is her silence.” Narrated by Muslim, 1421.

It was narrated from Abu Hurayrah (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “No previously-married woman should be married off without being consulted, and no virgin should be married off without asking her permission.” They said: “O Messenger of Allaah, what is her permission?” He said: “If she remains silent.” Narrated by al-Bukhaari, 4843; Muslim, 1419.

The Prophet (peace and blessings of Allaah be upon him) said: “If there comes to you one with whose religious commitment and character you are pleased, then marry (your female relative under your care) to him, for if you do not do that there will be fitnah (tribulation) in the land and much corruption.” Narrated by al-Tirmidhi, 1084; classed as hasan by al-Albaani.

It was narrated from Khansa’ bint Khizaam al-Ansaariyyah that her father married her off when she had been previously married, and she did not like that. She went to the Messenger of Allaah (peace and blessings of Allaah be upon him) and he annulled the marriage. Narrated by al-Bukhaari, 4845. And it was narrated from Ibn ‘Abbaas (may Allaah be pleased with him) that a virgin girl came to the Prophet (peace and blessings of Allaah be upon him) and told him that her father had married her off against her objections. The Prophet (peace and blessings of Allaah be upon him) gave her the choice. Narrated by Abu Dawood, 2096; classed as saheeh by al-Albaani.

The majority of scholars are of the view that if a woman is married off without her consent, then the marriage contract is invalid, because it is a forbidden contract which cannot be validated. This is the view of the Shaafa’is and Hanbalis.

The view of the Hanafis, which was also narrated in one report from Ahmad, is that the contract is dependent upon the woman’s acceptance. If she gives her consent then it is valid, otherwise she may annul it.

See al-Mughni, 7/364; Fath al-Baari, 9/194

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said, concerning the matter of a father forcing his daughter to marry: It is haraam for a man to force his daughter to marry a man whom she does not want to marry, and what is haraam cannot be validated or implemented, because implementing it or validating it goes against the prohibition that has been narrated. When sharee’ah forbids a matter, then we should not be involved in it or do it. If we validate it, that means that we have becomes involved in it and done it, and we have made it equivalent to the contracts that are permitted in sharee’ah.

Based on this, the correct view is that the marriage arranged by the father to a man whom his daughter does not want as a husband is an invalid marriage, and the contract is invalid, and should be examined by the court.

See al-Fataawa, p. 760; see also Fataawa al-Shaykh Ibn Ibraaheem, 10/73-78

I’ve tried to post only the ahadith and a few fatawa. There’s more to it and there are a few other links provided as well. Those interested can find out more on it from the link provided below.

Ref: She was forced to marry someone she did not want

itsme01 · February 14, 2006, 1:25am

Re: Marrying a woman without her consent

:k:

someone has to spread the word to some people living in subcontinent.

TheSword · February 14, 2006, 3:14am

Re: Marrying a woman without her consent

I know! THOSE POOR GIRLS! I CRY for them, I'm serious the stuff they have to go through!

We need to be more knowledgable about islam.

Kaleem · February 14, 2006, 3:48am

Re: Marrying a woman without her consent

This should be a common knowledge, however, issue is not the permission..it never has been. How many women/girls do you know (in Pak) who will say no to rishta or at the time of Nikkah after their parents have already given their approval? It is a rarirty. This is where we the effort needs to be concentrated to allow women to select their own partner...in the sense that they should have a complete autonomy over the decision.

skhan · February 14, 2006, 6:16am

Re: Marrying a woman without her consent

^ Exactly. Mostly, in Pakistan girls think the parents are the only one who are allowed to make the decision. They oblige to any rishta just to be obedient daughters and then complain afterwards when the marriage doesn't work out.

simran04 · February 14, 2006, 6:27am

Re: Marrying a woman without her consent

absolutely right....it is very important to take a girl's consent.the problems in marriages are becoming common day by day.the rate of divorce is also on an increase....its all because of the fact that we donot abide by our religion.we need to know more and above all we need to read quran with translation....MAY ALLAH GUIDE US.(amen)

Sara516 · February 14, 2006, 7:08am

Re: Marrying a woman without her consent

Tell me abt it.. in private my mom says shed rather i find a guy on my own, and if i get engaged i can talk to him and stuff, not have the blind marriage but in front fo everyone she says Oh grls dont talk abt their own marriage and blahb lah blah... its the stupid attitude here, that girls dont or shouldn't talk about thier own marriage, be happy about something etc.. its so retarded.. im sick of it :(

ImranQ · February 14, 2006, 6:27pm

Re: Marrying a woman without her consent

Unfortunately jahalat has overtaken us. They are not given proper treatment even in todays world. Islam brought with it the respect and equality but we are still stuck in socalled HONOR for which we can kill anyone specially our daughter n sisters.

Its shocking to see that women is still considerd slave and subordinate to men. There is no other choice but to accept them and let them excercise their birth right.

mAd_ScIeNtIsT · February 14, 2006, 7:43pm

Re: Marrying a woman without her consent

People pay lip service to the idea of getting the girl's consent. Is "consent" really consent when it is given under duress? How can you identify when this is done?

What about situations where a girl is emotionally blackmailed into "giving" her consent?

hiccup · February 14, 2006, 7:45pm

Re: Marrying a woman without her consent

“No previously-married woman should be married off without being consulted, and no virgin should be married off without asking her permission.”

Im not being funny, but what is the distinction between consultation and asking for permission?

Sara516 · February 15, 2006, 2:41pm

Re: Marrying a woman without her consent

^ The writer of the fatwa didnt wanna be repetitive by saying "asking permission" twice in the same sentence?

No forreal.. you can put a negative spin on the word "consultation" vs "asking her permissioN" and assume that the writer meant that a divorced/widowed woman will be married off whether she likes it or not, but as long as shes told about it it's all good.. Or you can put it in a larger context and assume the previously-married woman deserves the same treatment and rights as the virgin?

Muslim_Queen · February 15, 2006, 3:07pm

Re: Marrying a woman without her consent

It's amazing how ignorant people can be. And some have the nerve to deny such aspects of Islam.

Sadiyah good post.

lazy_daisy · February 15, 2006, 3:16pm

Re: Marrying a woman without her consent

approx ten years ago I requested some info from the Islamic Centre, Regents Park mosque

(i dont have the books now)

but it advised the following

1.girls betrothed before they reach puberty to a male of their parental units choice neednt have their permmission asked for

2.girls who are to be betrothed/engaged after the onset of puberty have a right to consent

3.and any divorced or widowed lady has to give her permission and consent to the marriage.

is the top one true?

hiccup · February 15, 2006, 5:07pm

Re: Marrying a woman without her consent

laizy, I have always read that a girl cannot be "married off" untill she is of an age where she has the wits about her to the ends of making a reasoned choice (or words to that effect).

hiccup · February 15, 2006, 5:08pm

Re: Marrying a woman without her consent

sara. noone was putting on a "megitive" spin, I was/am genuinely interested in the difference.

lazy_daisy · February 15, 2006, 5:14pm

Re: Marrying a woman without her consent

hiccup..where did you read that?

Ive never heard that before

hiccup · February 15, 2006, 5:29pm

Re: Marrying a woman without her consent

There was a discussion about the age of Hazrat Ayesha at marrage - this quote was pulled out from somewhere in the defence of her being older than nine because apparantly no lady can be shipped off if they are unable to decide between a lolly and a 10 penny bag of white chocolate mice :mmmm:

Ma_Mooli · February 15, 2006, 6:43pm

Re: Marrying a woman without her consent

hiccup; the difference is that someone whose been married previously; does not need to consult her gaurdian (if she has one) if she wants to marry again. For a virgin on the other hand, you have to seek permission from her gaurdian (if present) beforehand.

Faruk_Khan · February 15, 2006, 9:39pm

Re: Marrying a woman without her consent

Yes I think so.

Bare in mind though the girl only goes to live with her husband and consumate the marriage when she has reached puberty (Islamic 'age of consent'). If she reaches puberty and finds she does not like her husband then she can just say "no hard feelings pal, but you're not really my type" and get the marriage Islamically annulled (khulla) before him even touching her (npi), Islam gives her that right.