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:
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
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 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
Wister