Forced Marriages

Imam Ibn Taymiyyah

Fatwaa from “Al-Masaa’il ul-Maardeeniyyah”

Translated by Aboo `Abdillaah Muhammad al-Jibaalee

Hudaa, November 1995  

 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.

1.   That he may not. This is also the opinion of Aboo 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. Aboo Hurayrah, radhiallahu `anhu reported that the Prophet, sallallahu `alaihi 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, sallallahu `alaihi 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, sallallahu `alaihi 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 concensus 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, sallallahu `alaihi 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?

http://www.islaam.com/Article.asp?id=405

The young lady is not to be forced to marry a man

she does not want to marry

Shaykh Ibn Baaz

Fataawa al-Mar.ah

Question: Is it allowed for a father to force his daughter to marry a specific man that she does not want to many?

Response: Neither the father nor anyone other than the father may force a woman who is under his guardianship to marry a man that she does not want to many. In fact, her permission must be sought. The Messenger of Allaah (sal-Allaahu `alayhe wa sallam) said:

((The non-virgin [without a husband] must not be married until she is consulted. A virgin must not be married until her permission is sought)).

They said: "O Messenger of Allaah (sal-Allaahu `alayhe wa sallam) how is her permission given?" He said:

((By her being silent)).

Another narration states:

((Her silence is her permission)).

Yet a third narration states:

((A virgin's father seeks her permission and her permission is her remaining silent)).

The father must seek her permission if she is nine years of age or above. Similarly, her other guardians may not marry her off except by her permission. This is obligatory upon all of them. If one is married without permission, then the marriage is not valid. This is because one of the conditions of the marriage is that both partners accept the marriage. If she is married without her permission, by threat or coercion, then the marriage is not valid.

The only exception is in the case of the father and his daughter who is less than nine years of age. There is no harm if he gets her married while she is less than nine years old, according to the correct opinion. This is based on the Messenger of Allaah (sal-Allaahu `alayhe wa sallam) marrying ‘Aa.ishah without her consent when she was less than nine years old, as is stated in authentic hadeeth. However, if she is nine years old or more, she cannot be married, even by her father, except with her consent.

The husband should not approach the woman if he knows that she does not want him, even if the father approves of it. He must fear Allaah and not approach any wife that did not want him even if her father claims that he did not coerce her. He must avoid what Allaah has forbidden for him. This is because the Messenger of Allaah (sal-Allaahu `alayhe wa sallam) ordered that her permission must be sought. We also advise the woman to fear Allaah and to accept the man if her father finds that he is suitable to marry her, as long as the prospective groom is good in his religion and character. This is true even if the one who is doing the marrying is not the girl's father [but her legal guardian]. We make this advice because there is lots of good and lot of benefits in marriage.

Also, there are lots of hazards in living as a maiden. I advise all young ladies to accept those men who come to them if they are qualified. They should not use schooling, teaching or other causes as an excuse to avoid marriage.