Can a woman be forced into marriage in Islam?

[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 marriage

 

[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.