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The
young lady is not to be forced to marry a man she does not
want to marry
Question:
Is it allowed for a father to force his daughter to marry
a specific man that she does not want to many?
Response:
Neither the father nor anyone other than the father may force
a woman who is under his guardianship to marry a man that
she does not want to many. In fact, her permission must be
sought. The Messenger of Allaah (sal-Allaahu
`alayhe wa sallam)
said:
((The
non-virgin [without a husband] must not be married until she
is consulted. A virgin must not be married until her permission
is sought)).
They
said: "O Messenger of Allaah (sal-Allaahu
`alayhe wa sallam)
how is her permission given?" He said:
((By
her being silent)).
Another
narration states:
((Her
silence is her permission)).
Yet
a third narration states:
((A
virgin's father seeks her permission and her permission is
her remaining silent)).
The
father must seek her permission if she is nine years of age
or above. Similarly, her other guardians may not marry her
off except by her permission. This is obligatory upon all
of them. If one is married without permission, then the marriage
is not valid. This is because one of the conditions of the
marriage is that both partners accept the marriage. If she
is married without her permission, by threat or coercion,
then the marriage is not valid.
The
only exception is in the case of the father and his daughter
who is less than nine years of age. There is no harm if he
gets her married while she is less than nine years old, according
to the correct opinion. This is based on the Messenger of
Allaah (sal-Allaahu
`alayhe wa sallam)
marrying ‘Aa.ishah without her consent when she was less than
nine years old, as is stated in authentic hadeeth.
However, if she is nine years old or more, she cannot be married,
even by her father, except with her consent.
The
husband should not approach the woman if he knows that she
does not want him, even if the father approves of it. He must
fear Allaah and not approach any wife that did not want him
even if her father claims that he did not coerce her. He must
avoid what Allaah has forbidden for him. This is because the
Messenger of Allaah (sal-Allaahu
`alayhe wa sallam)
ordered that her permission must be sought. We also advise
the woman to fear Allaah and to accept the man if her father
finds that he is suitable to marry her, as long as the prospective
groom is good in his religion and character. This is true
even if the one who is doing the marrying is not the girl's
father [but her legal guardian]. We make this advice because
there is lots of good and lot of benefits in marriage.
Also,
there are lots of hazards in living as a maiden. I advise
all young ladies to accept those men who come to them if they
are qualified. They should not use schooling, teaching or
other causes as an excuse to avoid marriage.
Shaykh
Ibn Baaz
Fataawa al-Mar.ah
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