Hadith on forced marriage
The Prophet (pbuh) prohibited the practise of forced marriages as completely going against the purpose of marriage as set out in the Quran.
Abu Hurayrah, may Allaah be pleased with him, reported that the Prophet sallallaahu `alayhi wa sallam (may Allaah exalt his mention) said: "A non-virgin woman may not be married without her command, and a virgin may not be married without her permission; and enough permission for her is to remain silent (because of her natural shyness)." [Al-Bukhaari, Muslim & Others]
A woman said to the Prophet that her father married her to a relative of his in order to improve his own social standing. He did not ask her views on this marriage before he did it. The Prophet ruled the marriage to be dissolved immediately. The woman said: "Now, messenger of God, I approve of what my father has done. I only wanted that women should know that men have no say in their matrimonial affairs."
ONE day, a beautiful woman by the name of Jameela, daughter of Abi Ibn Salool, came to the assembly of Prophet Muhammad (Peace Be Upon Him) and said to Him: "O prophet of Allah, nothing can make my head and his (her husband's head) to be together in one place." Then she went on to describe how ugly and repulsive she found him to be in appearance. The Prophet asked her if her husband had given her anything as dower. Jameela informed him that he had given her an orchard of dates as her mehr. At this the Prophet asked her if she was ready and willing to return the orchard to him. She replied, "Yes, that and more!" At this he said, "Not more, not more." Then the Prophet sent for her husband, Sabit bin Qais, informed him of his wife's feelings and intention and conducted a divorce between them.
A companion of the Prophet, Mughira bin Shuba, reported that when he intended to marry a certain woman and to send the proposal of marriage to her, the Prophet asked him, "Have you seen her?" The man said "No". The Prophet advised him, "Take a look at her, as this would be more conducive to producing affection, love and pleasant harmony between the two of you". (Musnad Ahmed, Tirmizi, Nisai, Ibn Majah). So love and harmony between the spouses are essential ingredients of a successful marriage.
Once a young woman came to the Prophet and said that her father had married her off as a minor, and that she had obviously not been consulted. The Prophet said that she could leave her husband if she so wished. She replied, "I have no desire to leave him. I simply wanted to know my rights." This was the Prophet's way of honouring the female.
And of His signs is this: He created spouses for you from among yourselves that you might find comfort in them, and He put between you love and mercy. Surely there are signs in that for people who reflect. (Qur'an 30:21)
ay a father force his virgin daughter who attained puberty to marry? Two well-known opinions in this regard are reported from Ahmad:
That he may compel her. This is also the opinion of Maalik, ash-Shaafi`ee, and others.
That he may not. This is also the opinion of Aboo Haneefah and others, and is the correct one.
People have differed as tot he reason permitting the compulsion: whether it is virginity, the daughter being under-aged, or a combination of both. The closest opinion to the truth is her being under-aged, whereas no one can compel a grown-up virgin in marriage. Aboo Hurayrah, radhiallahu `anhu reported that the Prophet, sallallahu `alaihi wa sallam, said:
"A non-virgin woman may not be married without her command, and a virgin may not be married without her permission; and enough permission for her is to remain silent (because of her natural shyness)." [Al-Bukhaaree, Muslim, and others]
Thus the Prophet, sallallahu `alaihi wa sallam, prohibits forcing a virgin in marriage without her permission, whether it be her father or someone else. Furthermore, `Aa'ishah, radhiallahu `anhaa, said that she asked the Prophet, sallallahu `alaihi wa sallam, "In the case of a young girl whose parents marry her, should her permission be sought or not?" He replied, "Yes, she must give her permission." She then said, "But a virgin will be shy, O Allaah’s Messenger." He answered:
"Her silence is [considered as] her permission." [Al-Bukhaaree, Muslim, and others]
This applies to the father as well as others. Furthermore, Islaam does not give the father the right to use any of her wealth without her permission, how then could he be allowed to decide, without her permission, how her body (which is more important than her wealth) is to be used, specially when she disagrees to that and is mature to decide for herself?
Also, there is evidence and concensus in Islaam to restrict an underage person’s free control of his wealth or person. However, to make a virginity a reason for the restriction contradicts the Islaamic basis.
As for the difference between the non-virgin and virgin in the hadeeth of the Prophet, sallallahu `alaihi wa sallam, it is not a differentiation between compulsion and non-compulsion; the difference between the two cases is that (a) the former gives her instructions for the marriage whereas the latter gives permission, and that (b) the virgin’s silence counts as a permission. The reason for this is that a virgin would be shy to discuss the matter of marriage, so she is not proposed to directly; rather, her walee (guardian) is approached, he takes her permission, and then she gives him the permission not the command to marry her.
And as for a non-virgin, she would not have the shyness of virginity anymore; thus she can discuss the matter of her marriage, she can be proposed to, and she gives the command to her walee to perform the marriage, and he must obey her.
Thus the walee is command-executor in the case of the non-virgin, and is permission-seeker in the case of the virgin. This is what the Prophet's words indicate. As for compelling her to marry despite her loathing to do so, this would contradict the fundamentals and reason. Allaah ta`ala did not permit a walee to force her to sell or rent her property without her permission. Neither did He permit him to force her to eat or drink or wear that which she does not wish. How would He then oblige her to accompany and copulate with a person whose company she hates - at the time when Allaah ta`ala has sent between the two spouses love and mercy? If such company happens despite her hatred and repulsion, where is the love and mercy?