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:

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 Apostle! How will she (the virgin) express her consent?" He said, "By keeping silent." Some people said, "If a virgin is not asked for her consent and she is not married, and then a man, by playing a trick presents two false witnesses that he has married her with her consent and the judge confirms his marriage as a true one, and the husband knows that the witnesses were false ones, then there is no harm for him to consummate his marriage with her and the marriage is regarded as valid."

assalamu`alaikum brother

with reference to the above hadith, i am very confused! how is it possible for the marriage to be valid still, even without the proper consent of the girl? i understand that to the general public, it might appear that the girl had agreed (based on the two false witnesses), but the man would in effect be `raping` the girl if he consumates the marriage. this doesnt seem in accordance to the rights of women granted by Allah. it seems that she would be raped, be married against her consent, and have no mahr whatsoever (as the marriage was falsified). please help me to understand. may Allah bless you and your efforts.

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Answer:

False witness in marriage

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.

Your Question: how is it possible for the marriage to be valid still, even without the proper consent of the girl?

Any law being implemented in Islamic Jurisprudence will always have two aspects to it:

The legal or valid implementation of the law in this world

The ‘haqiqi’ or real implementation of the law in the sight of the Lord

If a man brings two witnesses (albeit false) and is able to convince the Judge in a Court of Law that he and the woman are married; then the marriage will be deemed legal and valid in the sight of the Law of this world. Just because the Judge confirms the marriage based on the evidence and witnesses presented to him, the woman will not become legal for the man who produced the false witness! On the Day of Judgment, the man who falsely claimed marriage to the woman, and the two false witnesses will be brought forth as criminals in the Presence of the Lord, and will deserve a very grave punishment indeed; and the woman will be free of any blame.

One must understand that the latter part of the hadith is only a clarification of the legality of the law in the life of this world, and it rarely, if ever, happens in a real life scenario whereby any man can bring two false witnesses and claim marriage to a woman and get away with it in a proper Court of Law!

Your Statement: i understand that to the general public, it might appear that the girl had agreed (based on the two false witnesses), but the man would in effect be `raping` the girl if he consumates the marriage. this doesnt seem in accordance to the rights of women granted by Allah.

Indeed, if a man produces two false witnesses and falsely claims marriage to a woman, and convinces the Court of his marriage and get a decision in his favor; and subsequently conjugates with the woman: he in effect will be guilty of the grave and heinous crime of rape and ‘zina’ in the Just and Supreme Court of Allah Subhanah. The Court is required to give its decision based on the evidence presented; and if anyone produces false evidence or witnesses in a Court of Law and gets a decision in his favor, he may be able to get away with it in the life of this world; but in the Hereafter he will be brought forth as a criminal and will get his due and full punishment.

Again, we emphasize that the latter part of the above quoted hadith is only a clarification of the legality and validity of the Law and it is almost impossible for any man to simply bring two false witnesses and claim marriage to any woman in a Court of Law.

Sahih Al-Bukhari Hadith 9.292 Narrated by Um Salama

Allah's Messenger (saws) heard some people quarreling at the door of his dwelling, so he (saws) went out to them and said, "I am only a human being, and litigants with cases of dispute come to me, and someone of you may happen to be more eloquent (in presenting his case) than the other, whereby I may consider that he is truthful and pass a judgment in his favor. If ever I pass a judgment in favor of somebody whereby he takes a Muslim's right unjustly, then whatever he takes is nothing but a piece of Fire, and it is up to him to take it or leave it."

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