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AnonymousPoster
08-29-2007, 11:35 AM
My friend was forced into a marriage when she was 16 in pakistan, but at the time she said yes to the marriage out of fear.

Its now been 5 years, on her nikkah nama the bit where it says the girl waives her rights to appealing for divorce has been crossed out by the imam.

How should she get a divorce?

her husband still lives in Pakistan, after the nikkah she came back to england and never applied for a visa for her husband because she didnt accept the marriage.

They did not consumate the marriage
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ahsan28
08-29-2007, 01:54 PM
She has 2 apply through the court . Not an issue at all, even if the husband doesn't agree, the court will decide in her favour.
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Rafeeq
08-29-2007, 02:13 PM
Dear Friend
Nikkah is already done, as she signed the contract (NIKHAH NAMA) whether with fear or not. It was that time to check the rights of girl are crossed or not. Normally WALI of the girl is to check and accept these conditions.
Now, court of law can decide if she appeal for the marriage cancellation.
Nothing is to worry any way.
Masalam
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islamirama
08-29-2007, 02:29 PM
Regardless of what the wali or the imaam did and what they scratched off, if it was done by force and against her will then she is not obligated to follow the contract. She can talk to a scholar if she likes and can get the nikka nulled.

----------------------------------------------------


From a legal point of view Islam views marriage as an 'aqd or contract. Like any other contract the marriage contract requires full and free consent of the parties concerned. The parents or guardian of any of the parties may give advice, choose a marriage partner or use persuasion, but the final decision to enter into a marriage must be the result of a free choice on the part of each partner, even though this freely made choice may consist of nothing but accepting the choice of one's parents or guardian. This right of free choice is fairly well recognized in the case of men but (unfortunately) not in the case of women. In the Holy Qur'an we read:
"Do not inherit women against their will" (4:19)
And in Hadith we find traditions like the following:
"Khansa bint Khidhan who had a previous marriage, related that when her father married her and she disapproved of that, she went to the Messenger of God and he revoked her marriage." (Bukhari, Ibn Majah)

"A [girl who was not married] came to the Messenger of God and mentioned that her father had married her against her will, so the Prophet allowed her to exercise her choice." (Abu Da'ud, on the authority of Ibn 'Abbas)


http://www.themodernreligion.com/family/family_marriagelegal.html




see also



Parents forcing their daughter into a marriage



Woman’s right to refuse marriage to someone
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Malaikah
08-31-2007, 10:42 AM
Originally Posted by rafeeq
Nikkah is already done, as she signed the contract (NIKHAH NAMA) whether with fear or not.
:sl:

To the best of my knowledge, that is not correct- the marriage is not valid if the husband/wife or wali are forced into agreeing.

Bro/sis, I advice you consult an imam/shaykh you trust! No one here can really help you, you need to talk to someone who is qualified in handling divorce cases.
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