Forced Marriage
It is haram for the guardian (wali) of the woman to force her to marry someone she
does not want and does not like, because the Prophet said,
"The virgin should not be given in marriage until she has been asked for her
consent." (Bukhari 6968)
The woman's guardian has to fear Allah with regard to his daughters and not give
them in marriage to anyone except those with whom they are pleased from among
men who are compatible and suitable. The guardian should only give her in marriage
for her interests, not for his own.
Shaykh Ibn Taymiyah (dill d-A>J) said: With regard to giving her in marriage when
she is reluctant, this is contrary to the basic principles and common sense. Moreover Allah
did not allow her guardian to force her into buying or renting without her permission, or to
eat or drink or wear something that she does not want, so how can he force her into sleeping
with and living with someone she does not want to sleep with, and living with someone
she does not want to live with.
Allah wants love and compassion between the spouses, and how can that be attained
when she hates him and does not like him? What kind of love and compassion can
there be in that case? Source: Majmoo' al-Fataawa, 32/25
If the marriage contract has been done even though she was reluctant, then this
marriage contract depends on the woman's decision.
If she accepts it, then it becomes a valid marriage contract, and if she does not then
it is an invalid contract.
"A girl came to the Prophet and said: 'My father married me to his brother's son so that
he might raise his status thereby.' The Prophet gave her the choice, and she
said: 'l approve of what my father did, but I wanted women to know that their fathers
have no right to do that.'" (Ibn Majah 1 874, Sahih)
In the event that the woman does not accept this marriage, then it is invalid and she has
to tell the one who did this marriage contract with her about that.
He does not have the right to force her to engage in intercourse and intimacy, and she
does not have the right to allow him to do that so long as she does not accept this marriage.
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