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:

Is a marriage invalid if the girl was forced to marry someone she doesn`t like?

(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:

Is a forced marriage valid

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 none 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 her marriage).’ I said, "A virgin feels shy." The Prophet (saws) said, "Her silence means her consent."

One of the absolutely obligatory conditions for a ‘nikaah’ to be legal and valid in Shariah is that the bride is asked by the Judge conducting the marriage whether or not she agrees to the terms and conditions of her marriage. If the bride when asked keeps silent or does not reply, it will mean she consents to her marriage; but if the bride were to say ‘no’ for any reason whatsoever to the Judge, the ‘nikaah’ would be invalid in the Sight of Shariah.

If the bride was forced or coerced to marry someone she does not like, but at the time of her ‘nikaah’ she agreed or gave her consent to marry the person, and provided all the other obligatory conditions of a ‘nikaah’ were fulfilled….the ‘nikaah’ itself will be considered absolutely legal and valid in the Sight of Shariah Law and in the Sight of Allah Subhanah.

If the bride is unhappy with her marriage for any reason whatsoever, she is well within her rights to initiate a divorce proceedings and seek her freedom.

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

Your brother and well wisher in Islam,

Burhan