Force not your daughters into marriage when they have desired independence, in order that you may make a gain in the goods of this worldly life. Surat An-Nūr (The Light), Ayat 33
Statistics have shown that a large majority of victims are Muslim. However, Islam teaches that consent from both man and woman is a must before a marriage can take place. The Qur'an states “O you who have believed, it is not lawful for you to inherit women by compulsion...” (4:19).
The Sahih al-Bukhari, one of the most revered sources of hadith (Islamic practice) amongst Islamic scholars, reports the Prophet Muhammed (Peace Be Upon Him) as saying: "The widow and the divorced woman shall not be married until her order is obtained, and the virgin girl shall not be married until her permission is obtained." (Bukhari, 67:42).
The next chapter of the Sahih al-Bukhari states: "When a man gives his daughter in marriage and she dislikes it, the marriage shall be repudiated" (Bukhari, 67:43), with further hadith providing examples of the Prophet Muhammed (Peace Be Upon Him) cancelling such marriages in which the daughter's consent was not sought.
It is not permissible for a guardian to be stubborn about the marriage of a female under his care, or to prevent her from marrying someone she wants to marry if he is compatible with her. The Prophet (peace and blessings of Allah 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
you have the choice of whether to stay or not. Seek guidance from Allaah (by praying istikhaarah). If you agree to stay in this marriage then all well and good, but if you do not accept to stay with your husband, then you have the right to seek annulment of the marriage, because it took place without your consent.
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
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.
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, page 760
A forced marriage is not an issue of religion, but it is a cultural practice that violates your right as a woman and as a Muslim. The act of forcing someone to marry is in fact an act that is against the practices and teachings of Islam.
Yahya Al Noor
No comments:
Post a Comment