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سنن ابي داود
Abu Dawud
كتاب النكاح
Marriage (Kitab Al-Nikah)
باب فِي الْبِكْرِ يُزَوِّجُهَا أَبُوهَا وَلاَ يَسْتَأْمِرُهَا
Chapter: Regarding A Virgin Who Was Married Off By Her Father Without He Consent.
Sunan Abu Dawud 2097 — Regarding A Virgin Who Was Married Off
حَدَّثَنَا مُحَمَّدُ بْنُ عُبَيْدٍ ، حَدَّثَنَا حَمَّادُ بْنُ زَيْدٍ ، عَنْ أَيُّوبَ ، عَنْ عِكْرِمَةَ ، عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، بِهَذَا الْحَدِيثِ . قَالَ أَبُو دَاوُد : لَمْ يَذْكُرْ ابْنَ عَبَّاسٍ ، وَكَذَلِكَ رَوَاهُ النَّاسُ مُرْسَلًا مَعْرُوفٌ .
The above tradition has been transmitted by Ikrimah from the Prophet ﷺ. Abu Dawud said “He (Muhammad bin Ubaid) did not mention the name of Ibn Abbas in the chain of this tradition. The people have also narrated it mursal (without the mention of the name of Ibn Abbas) in a similar way. Its transmission in the mursal form is well known.
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
It is not permissible for a father to marry off his adult daughter without her consent; in the case of coercion, she has the right to present her case before a judge (qadi), and after investigating the circumstances, the judge will issue a verdict according to the requirements of the Shariah.
If the decision of the father as guardian (wali) is inappropriate, the judge can annul such a marriage.
It is not permissible for a father to marry off his adult daughter without her consent; in the case of coercion, she has the right to present her case before a judge (qadi), and after investigating the circumstances, the judge will issue a verdict according to the requirements of the Shariah.
If the decision of the father as guardian (wali) is inappropriate, the judge can annul such a marriage.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 2097
