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Forced Marriages
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Shaykh
ul-Islaam ibn Taymiyyah rahimahullaah
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Fatwaa
from 'Al-Masaa’il ul-Maardeeniyyah', Translated by Abu 'Abdillaah
Muhammad al-Jibaalee - Hudaa, November 1995
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May a father
force his virgin daughter who attained puberty to marry?
Two
well-known opinions in this regard are reported from Ahmad:
- That
he may compel her. This is also the opinion of Maalik, ash-Shaafi'ee,
and others.
- That
he may not. This is also the opinion of Abu Haneefah and
others, and is the correct one.
People have
differed as tot he reason permitting the compulsion: whether it
is virginity, the daughter being under-aged, or a combination of
both. The closest opinion to the truth is her being under-aged,
whereas no one can compel a grown-up virgin in marriage. Abu
Hurayrah, radhiallahu 'anhu reported that the Prophet,
sallallaahu 'alayhi wa sallam, said:
"A non-virgin woman may not be married without her command,
and a virgin may not be married without her permission; and
enough permission for her is to remain silent (because of her
natural shyness)."
[Al-Bukhaaree, Muslim, and others]
Thus the
Prophet, sallallaahu 'alayhi wa sallam, prohibits forcing a
virgin in marriage without her permission, whether it be her
father or someone else. Furthermore, 'Aa'ishah, radhiallahu 'anhaa,
said that she asked the Prophet, sallallaahu 'alayhi wa sallam,
"In the case of a young girl whose parents marry her, should her
permission be sought or not?" He replied,
"Yes, she must give her permission."
She then said, "But a virgin will be shy, O Allaah’s Messenger."
He answered: "Her silence is [considered
as] her permission." [Al-Bukhaaree, Muslim, and
others]
This applies
to the father as well as others. Furthermore, Islaam does not
give the father the right to use any of her wealth without her
permission, how then could he be allowed to decide, without her
permission, how her body (which is more important than her
wealth) is to be used, specially when she disagrees to that and
is mature to decide for herself?
Also, there
is evidence and consensus in Islaam to restrict an underage
person’s free control of his wealth or person. However, to make a
virginity a reason for the restriction contradicts the Islaamic
basis.
As for the
difference between the non-virgin and virgin in the hadeeth of
the Prophet, sallallaahu 'alayhi wa sallam, it is not a
differentiation between compulsion and non-compulsion; the
difference between the two cases is that
(a) the
former gives her instructions for the marriage whereas the
latter gives permission, and that
(b) the
virgin’s silence counts as a permission.
The reason
for this is that a virgin would be shy to discuss the matter of
marriage, so she is not proposed to directly; rather, her walee
(guardian) is approached, he takes her permission, and then she
gives him the permission not the command to marry her. And as for
a non-virgin, she would not have the shyness of virginity
anymore; thus she can discuss the matter of her marriage, she can
be proposed to, and she gives the command to her walee to perform
the marriage, and he must obey her.
Thus the
walee is command-executor in the case of the non-virgin, and is
permission-seeker in the case of the virgin. This is what the
Prophet's words indicate.
As for
compelling her to marry despite her loathing to do so, this would
contradict the fundamentals and reason. Allaah ta'ala did not
permit a walee to force her to sell or rent her property without
her permission. Neither did He permit him to force her to eat or
drink or wear that which she does not wish. How would He then
oblige her to accompany and copulate with a person whose company
she hates - at the time when Allaah ta'ala has sent between the
two spouses love and mercy? If such company happens despite her
hatred and repulsion, where is the love and mercy?
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