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
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
Wister