Can a woman be forced into marriage in Islam?

[islamlover_girl]

Can a woman be forced into marriage in Islam?

Absolutely not! Let us look at what Prophet Muhammad peace be upon him said regarding this issue:

Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may peace be upon him) as having said: "A woman without a husband (or divorced or a widow) must not be married until she is consulted, and a virgin must not be married until her permission is sought. They asked the Prophet of Allah (may peace be upon him): How her (virgin's) consent can be solicited? He (the Holy Prophet) said: That she keeps silence. (Translation of Sahih Muslim, The Book of Marriage (Kitab Al-Nikah), Book 008, Number 3303)"

Allah Almighty said in the Noble Quran: "O ye who believe! Ye are forbidden to inherit women against their will. Nor should ye treat them with harshness, that ye may take away part of the dower [money given by the husband to the wife for the marriage contract] ye have given them, except where they have been guilty of open lewdness; on the contrary live with them on a footing of kindness and equity. If ye take a dislike to them it may be that ye dislike a thing, and God brings about through it a great deal of good. (The Noble Quran, 4:19)"

The following Saying is an explanation to Noble Verse 4

Narrated Abdullah ibn Abbas: "About the Qur'anic verse: 'It is not lawful for you forcibly to inherit the woman (of your deceased kinsmen), nor (that) ye should put constraint upon them.' When a man died, his relatives had more right to his wife then her own guardian. If any one of them wanted to marry her, he did so; or they married her (to some other person), and if they did not want to marry her, they did so. So this verse was revealed about the matter. (Translation of Sunan Abu-Dawud, Marriage (Kitab Al-Nikah), Book 11, Number 2084)" So according to Noble Verse 4:19, a woman can not be forced into marriage by any mean.

Narrated AbuHurayrah: "The Prophet (peace_be_upon_him) said: An orphan virgin girl should be consulted about herself; if she says nothing that indicates her permission, but if she refuses, the authority of the guardian cannot be exercised against her will. (Translation of Sunan Abu-Dawud, Marriage (Kitab Al-Nikah), Book 11, Number 2088)"

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)"

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)"

Narrated Abdullah ibn Abbas: "The Prophet (peace_be_upon_him) said: A guardian has no concern with a woman previously married and has no husband, and an orphan girl (i.e. virgin) must be consulted, her silence being her acceptance. (Translation of Sunan Abu-Dawud, Marriage (Kitab Al-Nikah), Book 11, Number 2095)"

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.



Can the woman divorce herself from a forced marriage upon her?
As we've seen above, it is clearly forbidden in Islam to force women into marriage. But in case this ever should happen or have happened already to any woman, then Islam allows for her to divorce herself from the man she was forced to marry. Let us read the following:

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)"

The choice that our beloved Prophet Muhammad peace be upon him gave to the woman is she can either remain married to the man, or divorce herself from him.

[Foxgarden]

Thank you for the info. Quite a controversial topic in Islam.

[Silver]

Quite a controversial topic in Islam.

Perhaps it is controversial because of cultural influence. In some cultures, forced marriages are acceptable. It just happens that the people in those countries are muslims.
Islam is clear on this issue:

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 daughter’s matters. (Sahih Bukhari)

[pvg8260]

Mashallah thanks sister i will remember that hadith/quote.

Hey there! Looks like you're enjoying the discussion, but you're not signed up for an account.

When you create an account, you can participate in the discussions and share your thoughts. You also get notifications, here and via email, whenever new posts are made. And you can like posts and make new friends.
Sign Up

[Mysterious Uk]

[QUOTE=Silver;1118173]Perhaps it is controversial because of cultural influence. In some cultures, forced marriages are acceptable. It just happens that the people in those countries are muslims.
Islam is clear on this issue.

I agree, many cultures commit forced marriages and some say it is in the name of religion. But obviously it isn't.

[Musaafirah]

Thank you for the info. Quite a controversial topic in Islam.

It ain't controversial in Islam.
Unfortunately, due to the culturalisation of Islam in some countries, this has given rise to a misconception that forced marriages occur to muslims alone, when that surely isn't the case.
It's sad when it's come to the state where you say you'll have an Islamically arranged marriage and people go all hoo-haa and say 'WHAT?!!' Will you have ANY say in the matter?!!:eek:'
To which you have to calmly reply, 'I said arranged NOT forced.'
Rah.

[pvg8260]

It ain't controversial in Islam.
Unfortunately, due to the culturalisation of Islam in some countries, this has given rise to a misconception that forced marriages occur to muslims alone, when that surely isn't the case.
It's sad when it's come to the state where you say you'll have an Islamically arranged marriage and people go all hoo-haa and say 'WHAT?!!' Will you have ANY say in the matter?!!:eek:'
To which you have to calmly reply, 'I said arranged NOT forced.'
Rah.

Assalam Aleykum

brother we are known for the whole forced marriage culture because they never speak about their own history.

Arranged marriages also existed in the United States in the 1700 and 1800's hundreds. It occurred, predominantly, in the southern states and often to first and second cousins. This was thought to keep the blood lineage of an aristocratic family line to stay pure.

It not uncommon for the bride and groom to be introduced to each other on the day of their nuptials. Many times they have grown up all their lives as playmates, nonetheless, when the time came, and often it came when the female child was as young as fourteen or fifteen, the marriage would take place and you bride and groom had no say so in the matter. This was a business arrangement that took place many years by the parents and this tradition was never to be broken.

It was command thing in England for forced or arranged marriage which ever sound best. However they don't want to talk about their own history as all ways.

[pvg8260]

i wish i could edit my reply now sorry sister not brother. And also there is a difference in arranged marriage and forced marriage made a mistake at they end there.

I don't mind marriage

[pvg8260]

i'm really sorry but i mint arranged marriage at they end i think i should get some sleep now. Can't seem to spell anything right long day.

[Zahida]

:sl:It is not necessary that arranged marraiges are forced ones.............. Both my sisters had marraiges arranged where they had not even met their perspective proposers!!!!! Unfortunately one sister passed away, but the other is very happy with the choice mum and dad made for her...................

I have five brothers and three of them had an arranged marraige and had not met their wives to be but MashaAllah live very happily...............

The arranged marraige thing is blown out of proportion and this is because our youngsters are doing this. Yes there are extreme cases where the parents are to blame, but our youngsters are going to school/college and talking about this topic to a culture which would not understand it, therefore it is blown out of proportion! Our youngsters also need to learn how to tackle the situation...........

Sorry if i have offended anyone, not my intention.:D:w:

[north_malaysian]

In Malaysia, forced marriage is something in the past... so culturally, it could be changed..

[SouljahOfAllah]

Lol here in the western world when we say Arranged marriages they seem to take is as FORCE MARRIAGES where as its not its the most beautiful way to get married and find a spous. :D

[Zahida]

:sl:^^^^^ I agree 100% there is so much to learn about your partner when you get married , when you marry someone after you have dated been intimate etc etc there is nothing really left cos you know everything about each other anyway!:D:w:

Lol here in the western world when we say Arranged marriages they seem to take is as FORCE MARRIAGES where as its not its the most beautiful way to get married and find a spous. :D

[Azy]

:sl:^^^^^ I agree 100% there is so much to learn about your partner when you get married , when you marry someone after you have dated been intimate etc etc there is nothing really left cos you know everything about each other anyway!:D:w:

That's a strange argument. After a couple of years of marriage when you know your husband, then surely you have the same situation where "there is nothing really left"? I don't see what the difference is to the alternative, except that you might find out something that you hate about your spouse after you were married.

[SouljahOfAllah]

:sl:^^^^^ I agree 100% there is so much to learn about your partner when you get married , when you marry someone after you have dated been intimate etc etc there is nothing really left cos you know everything about each other anyway!:D:w:

Yep thats so true :D heheh
and then once u have found out everything - (which is meerly impossible as there will always be memories at the back of your head that u have forgotton to tlk about :p. but at the same time ur life wont be on pause, and new things happen every day so you talk about that too. but its good to have a siklent day sometimes :D

[Zahida]

:sl: Hmmmmmmmm didn't really think about that, my parents have been married 59 years and mum still tells me that she is learning something new about my father everyday!!!! Lol!:w::D

That's a strange argument. After a couple of years of marriage when you know your husband, then surely you have the same situation where "there is nothing really left"? I don't see what the difference is to the alternative, except that you might find out something that you hate about your spouse after you were married.

[Ansariyah]

No wit a Capital N!

[true believer]

why would islam let a woman be forced into a marriage??....woman are loved by islam...so why would allah let a woman be FORCED into a marriage without her choice? anyway, arranged marriages usually work out betta den love ones anyway...sometimes...depends to be honest. personally i would love to get an arranged marriage. ur family knows u best i think. but ultimatly it is UR choice as a woman. not anyone else's...anyone who tells u different is wrong.

[ragdollcat1982]

There is a difference between forced and arranged marriages. I see nothing wrong with a man or a woman who decides that they are ready for marriage to ask their family to help them find a mate. The two should be able to meet supervised and talk and see if the other would be a good spouse. The final say should be between the young people. However I do not believe in forced marriages. I think that this is a tribal/cultural thing rather than Islamic. In India they force marriages all of the time and sometimes a bride if her dowry is not sufficent either before or even after the marriage she is killed by the grooms family. In some parts when a husband dies his widow is thrown on to the funeral pyre and burned alive with him. I was watching the news and heard the story about the Saudi 8 yr old girl who finally got a divorce from the 50 yr old man her father forced her to marry in order to pay off a debt. This gives Islam a bad public image, when in fact it has nothing to do with the religion, but with the culture and tribal customs. I think that child and forced marriages should be denounced no matter where they happen.

[Faye]

According to hanafiyyah:
Non baligh girls and boys can be forced into a marriage by their father/walis, but if they are married by a wali other than the father, the moment they become baligh, they have the choice to undo it.
I'm not sure, but I think that according to Imaam Shafi:
A woman who has previously never been married does not have a choice if her marriage is arranged by her father.
The rationale behind the 2 positions is that:
a good offer may come for a child who is too young to decide for itself
and that a woman who has never been married has no experience to base her decision upon.

[Sampharo]

According to hanafiyyah:
Non baligh girls and boys can be forced into a marriage by their father/walis, but the moment they become baligh, they have the choice to undo it.
I'm not sure, but I think that according to Imaam Shafi:
A woman who has previously never been married does not have a choice if her marriage is arranged by her father.
The rationale behind the 2 positions is that:
a good offer may come for a child who is too young to decide for itself
and that a woman who has never been married has no experience to base her decision upon.

Misunderstood and incorrect. Imam Abu Hanifa said that the baligh woman (reached puberty) can marry without the permission of her Waly (guardian), but not the non-baligh. Meaning that the girl who did not reach puberty cannot choose a husband without the consent of her father, he did not say her father can marry her without her consent. Meaning that on both cases the option is for the girl.

As for Al-Shafei and Malik, they say the father can arrange and carry the marriage without permission (but permission is Mostahabb) from the virgin girl who did not marry, but she has the right to refuse it before joining the husband in marital life and free herself from the commitment if she is insistent on refusing it.

There is consensus in this matter that a girl or woman cannot be forced into a marriage she does not want, with the exception of the usual sidelined studies that may or may have not been influenced by cultural desires.

[ragdollcat1982]

I thought that the final say lies with the young lady, while her father may choose a potential suitor if she does not want to marry him he cannot force her to marry.

[Faye]

Misunderstood and incorrect. Imam Abu Hanifa said that the baligh woman (reached puberty) can marry without the permission of her Waly (guardian), but not the non-baligh. Meaning that the girl who did not reach puberty cannot choose a husband without the consent of her father, he did not say her father can marry her without her consent. Meaning that on both cases the option is for the girl.

As for Al-Shafei and Malik, they say the father can arrange and carry the marriage without permission (but permission is Mostahabb) from the virgin girl who did not marry, but she has the right to refuse it before joining the husband in marital life and free herself from the commitment if she is insistent on refusing it.

There is consensus in this matter that a girl or woman cannot be forced into a marriage she does not want, with the exception of the usual sidelined studies that may or may have not been influenced by cultural desires.

What you said about Imaam Abu Hanifa's position that a baligh girl can marry without the consent of her father (and a non-baligh woman cannot) is true. But as for the non-baligh girls' consent not being required, I based it on the Fiqh book, alHidayah, Sharh Bidayatil Mubtadi, which reports it very clearly as Imaam Abu Hanifa's position in Bab ulAwliya wal Akfa, Kitab unNikah. I don't think it is incorrect or misunderstood

[S_87]

I thought that the final say lies with the young lady, while her father may choose a potential suitor if she does not want to marry him he cannot force her to marry.

this is true

Check this out:
http://islamqa.com/en/ref/47439/forced%20marriage

[Zafran]

I thought that the final say lies with the young lady, while her father may choose a potential suitor if she does not want to marry him he cannot force her to marry.

yes you are correct.

peace

[Sampharo]

But as for the non-baligh girls' consent not being required, I based it on the Fiqh book, alHidayah, Sharh Bidayatil Mubtadi, which reports it very clearly as Imaam Abu Hanifa's position in Bab ulAwliya wal Akfa, Kitab unNikah. I don't think it is incorrect or misunderstood.

I am sorry if it seems I am saying you are incorrect or you have misunderstood, I might have been the source iof confusion, maybe it was just choice of words. I was actually referring to Shafei as the main misunderstanding.

For hanafi there isn't much difference between what you said and I added, however you said "forced into a marriage" which is not exactly right, because Hanafi don't allow forcing. Hanafi says any wali arranging for non-baligh girl other than father or grandfather is a weak marriage and has to be confirmed at puberty with no deadline, but if father and grandfather then at puberty girl needs to announce immediately she doesn't accept marriage in order to nullify, otherwise her silence regarding the matter is acceptance and the marriage is valid.

Shafei however does not say that there is no choice for the girl. They provide choice for non-baligh virgin girls and boys when they reach puberty.

And God knows Best

[catalzzy]

Inshallah, Good post.