ISLAMIC VIEW ON FORCED

MARRIAGES
WITH AUTHENTIC AYAH AND HADITH WITH REFERENCE
 ‫َّح ْي ِم‬ ‫ہّٰللا‬
ِ ‫بِ ْس ِم ِ الر َّْح ٰم ِن الر‬
All praise is due to Allah, Lord of all creation, and may the peace and blessings of Allah
be upon our Prophet Muhammad (Peace be upon him), his family and all his Companions.

o What is marriage in Islam?

Marriage in Islam is viewed as an important and sacred union between a man

and woman that fulfills half of one’s religious obligations.
What is Forced Marriage?

Forced marriage is a marriage conducted when parents, families or guardians

find and choose a spouse, but the person does not consent, or consent is
obtained under duress.
Duress can include physical, psychological, financial, sexual and emotional
pressure, threatening conduct, harassment, the threat of blackmail, use of
deception and other means.
A forced marriage is a violation of human rights.
 What is Forced Marriage in Islam?

Marriage within the ambit of Islam is not only a civil contract but a religious
and spiritual contract between two people – which must be entered into freely
and with mutual consent. In the Sahih Al-Bukhari, for example, a chapter in
the book of marriage has been given the heading: “No father or mother or
any close relation can force his/her children to marry anyone against
their free will and consent”.
Parents role in their children's marriage:
According to Islamic custom, parents and guardians have specific rights in this matter;
to arrange the marriage ceremony and conduct it as a respectful family event; give their
advice and recommendation for a life partner for their children. These rights are
encapsulated within the philosophy of ‘willayah’. However, Islam does not allow
parents, guardians or other relatives to enforce their will or choice on a boy or a girl
since it is they who are the real parties to that contract. The right to exercise free will
and consent in choosing a spouse is a God given right. This is also clearly evident from
important commandments given by the Holy Prophet (PBUH) in numerous Hadith,
which lay down the foundational principles of formulating a marriage contract.
Parents role in their children's marriage:
• In Islam women have complete freedom to accept or reject whoever comes to
propose to them. Neither her father nor her legal guardian has the right to force
her to marry someone she does not want, for married life cannot be based on
compulsion and coercion which are in contradiction to the love and mercy that
Allah has placed between man and wife.
• The woman’s guardian must fear Allah regarding 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.
Status of Forced Marriage according to Islam:

Forced marriage is haraam in Islam. Both the groom and the bride must
consent to the marriage. The consent of the woman is essential, and must be
obtained, and any marriage which is forced is considered batil or void.
Allah [SWT] says in Quran:

“O you who have believed, it is not lawful for you to inherit women by
compulsion…” (4:19).
Thus, It is haraam for the guardian (wali) of the woman to force her to marry
someone she does not want and does not like, because the Prophet (blessings and
peace of Allah be upon him) said: “The virgin should not be given in marriage
until her permission has been sought.” Narrated by al-Bukhaari, 6968; Muslim,
1419.
It is HARAAM to force your children to marry whom they do not want to marry.
Hadith providing evidence that forced marriage is
haraam :
•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.
•Narrated Abdullah ibn Umar: ”The Prophet (peace_be_upon_him) said: Consult women about
(the marriage of) their daughters. (Translation of Sunan Abu-Dawud, Marriage (Kitab Al-
Nikah), Book 11, Number 2090)”
Hadith providing evidence that forced marriage is
haraam :
• Narrated Abdullah ibn Abbas: ”A virgin came to the Prophet (peace be upon
him) and mentioned that her father had married her against her will, so the
Prophet (peace_be_upon_him) allowed her to exercise her choice. (Translation
of Sunan Abu-Dawud, Marriage (Kitab Al-Nikah), Book 11, Number 2091)”
• Within this chapter Abu Hurairah transmits from the Holy Prophet (PBUH) who
said: “No female whether a widow or divorcee will be forced to marry anyone
unless her express and categorical consent has been freely taken and in the
same way a woman not previously married can never be forced to marry
anyone unless her free consent and permission is taken”.
Hadith providing evidence that forced marriage is
haraam :
• Khansa Bint Khidam said My father married me to his nephew, and I did not like this match,
so I complained to the Messenger of Allah (May Allah bless him and grant him peace). He
said to me accept what your father has arranged I said I do not wish to accept what my father
has arranged. He said then this marriage is invalid, go and marry whomever you wish. I
said I have accepted what my father has arranged, but I wanted women to know that fathers
have no right in their daughters matters (i.e. they have no right to force a marriage on
them). (Fathul Bari Sharah Al Bukhari 9/194, Ibn Majah Kitabun Nikah 1/602).
• Imam Bukhari has set another chapter heading within the book of marriage: “If parents
force their daughter to marry someone against her wish, then the marriage will be
void”.
Hadith providing evidence that forced marriage is
haraam :
Many legal texts (Nusus) from our pure tradition indicate this firmly established ruling, and actual events
make it clear to all how the Prophet, dealt with a woman and her guardian and challenged all of the norms of
the jahiliyah (Ignorance) that oppressed women by affirming her right to choose her husband and nullifying
the marriage of those who tried to compel her even if that person was her father. We cannot fail to notice the
contravention of the traditions of the Arabs at the time that this entailed. This was a test of the believer’s
hearts to be satisfied with the pure law that honored women and respected their will and choice, while
freeing themselves of all the norms that did not value women, disdained, and oppressed them.
• The Prophetic texts that refer to this all affirm this right as in is the saying of the Prophet: “A widow may
not be married until she has been consulted, and a virgin may not be married until her consent has
been sought.” They said, “O Messenger of Allah, how does she give consent?” He said, “By remaining
silent.”
Hadith providing evidence that forced marriage is
haraam :
• It is related that a man married off his daughter who was averse [to the marriage], so she came to the Messenger of
Allah and said something to the effect that her father married her off and she was averse [to the marriage].
Furthermore, she said, “and my cousin was betrothed to me.” The Prophet said, “He has no marriage; marry
whomsoever you wish.”
• Khansa’ Bint Khudham said: “My father married me off, and I was averse [to the marriage], and I was a virgin,
so I complained of it to the Prophet who said, “Do not marry her if she is averse [to it].”
• Related by Ibn Abbas [who said]: “Barirah’s husband was a slave called Mughith; it is as if I can see him now
following after her weeping, the tears moistening his beard. The Prophet told Abbas, ‘O Abbas, do you not marvel at
the love of Mughith for Barirah and the dislike of Barirah for Mughith?’ So the Prophet said to her, ‘Would you take
him back?’ She said, ‘O Messenger of Allah, are you commanding me?’ He said, ‘I only intercede.’ She said, ‘I have
no need for him.’” When she understood that his words were not a command, but rather advice, she chose to leave
him since that was her right after becoming free.
Hadith providing evidence that forced marriage is
haraam :
• The wife of Thabit Ibn Qais came to the Prophet and said: “O Messenger of Allah, there is none more
steadfast than Thabit when it comes to religion and morals, but I do not love him.” He said, “Will you
return his garden to him?” She said, “Yes,” and gave him back his garden and his and he separated from
her.
• This is a brief clarification of the issue of women choosing their husbands and having their desires
respected if they want to leave them. According to this, it is impermissible for a father, or anyone else for
that matter, to force his son or daughter to marry someone they do not like; also women can end marriage
in the ways mentioned.
therefore we must understand that it is prohibited (haram) for the guardian (wali) of the woman or a girl to
force her to marry someone she does not want and does not like, because the Prophet (Peace be upon him)
said:“The virgin should not be given in marriage until her permission has been sought.” [Bukhari and
Muslim]
Conclusion to the Ayah and Sunnah

• 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. 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.
• The above Noble Verse 4:19 and the Sayings of our beloved Prophet Muhammad peace be upon him
clearly explain that according to Islam, whether the woman is virgin or not, her permission is a MUST.
Her father or older brother can not force her into marriage as the Pagan Arabs and the Jews and Christians
before Islam in the Middle East used to do; see Deuteronomy 25:5 in the Bible to see how women are
forced into marriage.
Conclusion to the Ayah and Sunnah

• Shaikhul Islam Ibn Taimiyyah 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?!” [Majmu’u Fataawa, vol. 32, page 25] End quote from Majmoo‘
al-Fataawa, 32/25
Do children have a right to disagree to what their
parent chooses for them?
Yes, they do for as long as what they are saying is sensible and reasonable yes, they have a right to
disagree its acceptable there is nothing wrong. Parents shouldn't blackmail children saying you know
heaven lies at my service Allah says be kind to your parents. O parents they are kind to you very kind
they will speak to you well, but you need to be also respectful and fulfil their rights. you can't just say
you gotta obey your parents you don't obey your parents where they have overshot their rights. There is
no obedience for a parent in the disobedience of Allah.
• Video: https://youtu.be/HLqC88pOgV8.

• Therefore, 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.
Furthermore,
• By law, forcing any person into a marriage is a punishable offence under the criminal laws
of each country. In the clearest articulation of forced marriage as a harmful traditional
practice that cannot be justified in the name of culture or religion, a Pakistan court has
observed:
• 'In matters of marriage a woman was given equal right [by Islam] to choose her life partner.
Unfortunately, in our practical lives, we are influenced by a host of other prejudices
bequeathed by history, tradition and feudalism. It is that culture that needs to be tamed by
law and an objective understanding of the Islamic values
• Male chauvinism, feudal bias and compulsions of a conceited ego should not be confused
with Islamic values. An enlightened approach is called for.'
Furthermore,

• Cases suggest that forced marriage may lead to depression, self harm, loss
of self esteem, feeling of worthlessness, extreme stress disorder and
complements earlier findings that loss of fortune, health, liberty, and
reputation may lead to suicide in the absence of mental disorder.
• Thus, guardians of victim should recognize the signs and the marriage
should be nullified as soon as possible to save the victims. Victims should
also express their will against the marriage and ask for a divorce.