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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:

ASALAMOALIKUM:
I AM A GIRL AGE OF 25.RECENTELY I GOT MARRIED.
BUT I DONT LIKE MY HUSBAND BECAUSE AT THE TIME OF NIKKAH NO ONE ASK ANY QUESTION ABOUT ME THAT DID U EXCEPT THIS NIKKAH OR NOT EVERY ONE FORCED ME TO THAT NIKKAH.
BUT I LOVE SOME ONE AND I WANT TO MARRY WITH HIM.SO PLEASE HELP ME IN THIS MATTER.
WHAT SHOULD I DO.AND THE MAIN THING IS THIS THAT AFTER 15 DAYS OF MY NIKKAH MY HUSBAND TOLD ME THAT IAM MEDICAL ILL AND IF U WANT TO TAKE DIVORCE FROM ME YOU CAN TAKE IT.BUT AT THAT TIME I WAS SHOCKED AND DIDN`T DO ANY THING.AND PLZ TELL ME ONE THING CAN I WRITE YOU IN URDU SO I CAN TELL YOU IN DETAIL THAT WHY I DONT WANT TO GO IN THAT HOUSE COZ I JUST GOT NIKKAH. NOT RUKHSATI.PLZ ANSWER ME AS SOON AS POSSIBLE.BUT REPLY ME IN MY PERSONAL E-MAIL ID WHICH IS
THAK YOU.
I AM VERY UPSET NOW A DAYS SO PLZ HELP ME.

 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

 

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 9.101 Narrated by Aisha

Allah's Messenger (saws) said, "It is essential to have the consent of a virgin (for the marriage).” I said, "A virgin feels shy." The Prophet (saws) said, "Her silence (when asked) means her consent."

 

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." It was asked, "O Allah's Messenger (saws)! How will she (the virgin) express her consent?" He said, "By keeping silent (when asked)."

 

Islam has made the consent and approval of the bride-to-be one of the obligatory conditions of marriage; and any marriage done without the bride-to-be’s consent would be deemed null and void in the sight of Shariah.

 

You have stated two instances, and both of them have different legal ramifications in Shariah:

Your Statement: AT THE TIME OF NIKKAH NO ONE ASK ANY QUESTION ABOUT ME THAT DID U EXCEPT THIS NIKKAH OR NOT EVERY ONE FORCED ME TO THAT NIKKAH.
If no one even asked you whether you agreed to the ‘nikaah’ or not, then the ‘nikaah’ will be considered null and void, because the consent of the girl is an obligatory condition of ‘nikaah’ in Shariah.

 

If you gave your consent under pressure or force, then in legal terms the ‘nikaah’ would be valid.

 

In both the above cases, you are well within your rights given to you by Allah Subhanah to go to a Shariah Court and state that either you were not asked when you were married, or that you consented under compulsion; and the Shariah Judge would nullify the ‘nikaah’ on your giving witness.

 

Your Question: BUT I LOVE SOME ONE AND I WANT TO MARRY WITH HIM.SO PLEASE HELP ME IN THIS MATTER. WHAT SHOULD I DO.

Beloved sister in Islam, you have basically two options regarding your marriage:

You can accept the man with whom your ‘nikaah’ was done, and agree to be his wife.

If not, then you are well within your rights to go to the Shariah Court and get the ‘nikaah’ nullified; and there would be no sin upon you.

 

Beloved sister in Islam, whatever you do, fear Allah Subhanah and do take your guardians into confidence before making your decision. A marriage in Islam is not only an union between two people, but it effects two whole families. Thus whatever decision you make, fear Allah Subhanah and beseech Him to guide you to make a decision which is Pleasing to Him and which is good for your life in this world and the Hereafter.

 

Your Question: AND PLZ TELL ME ONE THING CAN I WRITE YOU IN URDU SO I CAN TELL YOU IN DETAIL THAT WHY I DONT WANT TO GO IN THAT HOUSE COZ I JUST GOT NIKKAH. NOT RUKHSATI

Beloved sister in Islam, although we offer this service only in the English language; but keeping in mind your condition, we would be honored to receive and answer your questions in Urdu, Insha Allah.

 

You may write to us in urdu script or in English transliteration of urdu, and we shall try our best to guide you in light of the guidance of the Quran and Sunnah, Insha Allah.

 

May Allah Subhanah make your trial easy for you, and guide you towards making the right decision.

 

Whatever written of Truth and benefit is only due to Allah’s 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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