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Forced nikaah

Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

I wanted to ask u if a force NIKKAH is a marrieage.Some one i know was forced into marring someone she didnt approve of. Her parents blackmailed her ,abused her .they put her into so much pressure that she gave in.Before the NIKKAH she was promised that , she will get a divorce if she saved her family hounore by going through with the NIKKAH.Is a FORCED NIKKAH A MARRIEGE? Now her parents have gone BACK ON THIER WORD.BUT STILL SHE DOES NOT WANT TO GO THROUGH WITH THIS MARRIEGE PLEASE HELP HER SHE DOES NOT KNOW WHAT TO DO.SHE LOVES SOMEONE ELSE SHE WANTS TO BE WITH HIM, PLEASE HELP HER.     THANK YOU

 

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Answer:

 

Forced nikaah

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad(saws) is His slave-servant and the seal of His Messengers.


 

Sahih Al-Bukhari Hadith 9.98 Narrated by Abu Huraira

The Prophet (saws) said, "A virgin should not be married till she is asked for her consent; and the matron should not be married till she is asked whether she agrees to marry or not."

 

Islam guides the believers that marriage is a sacred bond which must be done with the consent and approval of all parties concerned; the man, the woman, and the guardians of the woman. Neither the girl should get married to someone without her guardians consent, and nor should the guardians of the girl marry her to someone without her explicit approval.

 

Your Question: I wanted to ask u if a force NIKKAH is a marrieage.Some one i know was forced into marring someone she didnt approve of. Her parents blackmailed her ,abused her .they put her into so much pressure that she gave in.

Regardless of whether the approval of the girl was forced out of her on some pretext, if the girl explicitly approved to her Nikaah with the man; she will be considered legally married to the man in the sight of Shariah and Islamic Law. The judgments of Islamic Law are based on the available evidence and the statement of the witnesses, not on what might have been the intentions or the motives behind the actions of the parties concerned.

 

Your Question: BUT STILL SHE DOES NOT WANT TO GO THROUGH WITH THIS MARRIEGE PLEASE HELP HER SHE DOES NOT KNOW WHAT TO DO.

If the girl has explicitly given her approval to her Nikaah with the man, in the sight of Shariah she will be his legally wedded wife. The only option available for her if she does not want to go through with this marriage, is to legally initiate a divorce proceeding in a Shariah Court.

 

Sunan of Abu-Dawood Hadith 2189 Narrated by Abu Hurayrah

The Prophet (saws) said: There are three things which, whether undertaken seriously or in jest, are treated as serious: Marriage, divorce and taking back a wife (after a divorce which is not final).

 

The Messenger of Allah (saws) guided the believers that the sacred bond and institution of marriage in Islam is no jest, where a person can say yes one day; and the next day say he/she was forced, or was only joking, or was not serious! Regardless of whether one was forced, or one was not serious, or one says it only in jest, etc.: if the person verbally declares his/her intention to marry or divorce a person, it will be treated as binding and legal in the sight of Shariah.

 

Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.

 

Your Brother in Islam,

 

 

Burhan

 


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