صحيح البخاري
Bukhari
كتاب الإكراهThe Book of Al-Ikrah (Coercion)
بَابُ لاَ يَجُوزُ نِكَاحُ الْمُكْرَهِ:Chapter. Marriage established under coercion is invalid.
Hadith 6945
اُردوEn
وَلا تُكْرِهُوا فَتَيَاتِكُمْ عَلَى الْبِغَاءِ إِنْ أَرَدْنَ تَحَصُّنًا لِتَبْتَغُوا عَرَضَ الْحَيَاةِ الدُّنْيَا وَمَنْ يُكْرِههُّنَّ فَإِنَّ اللَّهَ مِنْ بَعْدِ إِكْرَاهِهِنَّ غَفُورٌ رَحِيمٌ سورة النور آية 33 .
(And Allah has said in Surah An-Nur:) "Do not compel your slave girls to prostitution if they desire chastity, in order that you may make a gain in the goods of this worldly life. And if anyone compels them, then surely Allah is Forgiving, Merciful to them after their compulsion."
حَدَّثَنَا يَحْيَى بْنُ قَزَعَةَ ، حَدَّثَنَا مَالِكٌ ، عَنْ عَبْدِ الرَّحْمَنِ بْنِ الْقَاسِمِ ، عَنْ أَبِيهِ ، عَنْ عَبْدِ الرَّحْمَنِ ، وَمُجَمِّعٍ ابني يزيد بن جارية الأنصاري ، عَنْ خَنْسَاءَ بِنْتِ خِذَامٍ الْأَنْصَارِيَّةِ ، " أَنَّ أَبَاهَا زَوَّجَهَا وَهِيَ ثَيِّبٌ ، فَكَرِهَتْ ذَلِكَ ، فَأَتَتِ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَرَدَّ نِكَاحَهَا " .
Narrated Khansa' bint Khidam Al-Ansariya: That her father gave her in marriage when she was a matron and she disliked that marriage. So she came and (complained) to the Prophets and he declared that marriage invalid. (See Hadith No. 69, Vol. 7)
Related hadith on this topic
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
Imam Bukhari has derived from this that the marriage of a coerced woman is not valid.
The Hanafis say that her marriage was not valid in the first place because she was a previously married, adult woman (thayyib balighah); her permission and consent were also necessary. We say that in the hadith, the wording is “her marriage (nikah)”; if the marriage had not been valid at all, the Prophet (sallallahu alayhi wa sallam) would have said that the marriage did not take place at all, and the hadith would have stated, “fa abtal nikah-ha” (so he annulled her marriage). The Hanafis say that if someone forcibly marries a woman, setting a dowry (mahr) of ten thousand dirhams, while her equivalent dowry (mahr mithl) is one thousand, then one thousand will be obligatory and the remaining nine thousand will be invalid.
We say that just as, due to coercion, you declare the excess dowry invalid, in the same way, declare the marriage itself invalid.
(Wahidi)
Imam Bukhari has derived from this that the marriage of a coerced woman is not valid.
The Hanafis say that her marriage was not valid in the first place because she was a previously married, adult woman (thayyib balighah); her permission and consent were also necessary. We say that in the hadith, the wording is “her marriage (nikah)”; if the marriage had not been valid at all, the Prophet (sallallahu alayhi wa sallam) would have said that the marriage did not take place at all, and the hadith would have stated, “fa abtal nikah-ha” (so he annulled her marriage). The Hanafis say that if someone forcibly marries a woman, setting a dowry (mahr) of ten thousand dirhams, while her equivalent dowry (mahr mithl) is one thousand, then one thousand will be obligatory and the remaining nine thousand will be invalid.
We say that just as, due to coercion, you declare the excess dowry invalid, in the same way, declare the marriage itself invalid.
(Wahidi)
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 6945
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
➊
Imam Bukhari rahimahullah has, in another place, established a chapter heading for this hadith with the following words:
(Bab: If a man marries off his daughter while she is unwilling, then such a marriage is rejected)
“When someone forcibly marries his daughter to another, her marriage is invalid.”
(Sahih al-Bukhari, Book of Marriage, Chapter 43)
In one narration, there is further detail that a girl from the descendants of Ja‘far feared that her guardian would forcibly marry her off to someone, so she contacted two elders of the Ansar, ‘Abdur Rahman and Majma‘ radi Allahu anhuma, regarding this matter. They reassured her that she need not worry, and then they referenced this hadith.
(Sahih al-Bukhari, al-Hiyal, Hadith 6969)
➋
In any case, if a guardian forcibly conducts a marriage, such a marriage will be rejected.
It holds no validity.
➊
Imam Bukhari rahimahullah has, in another place, established a chapter heading for this hadith with the following words:
(Bab: If a man marries off his daughter while she is unwilling, then such a marriage is rejected)
“When someone forcibly marries his daughter to another, her marriage is invalid.”
(Sahih al-Bukhari, Book of Marriage, Chapter 43)
In one narration, there is further detail that a girl from the descendants of Ja‘far feared that her guardian would forcibly marry her off to someone, so she contacted two elders of the Ansar, ‘Abdur Rahman and Majma‘ radi Allahu anhuma, regarding this matter. They reassured her that she need not worry, and then they referenced this hadith.
(Sahih al-Bukhari, al-Hiyal, Hadith 6969)
➋
In any case, if a guardian forcibly conducts a marriage, such a marriage will be rejected.
It holds no validity.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 6945
Hafiz Muhammad Ameen
In that era, it was certainly astonishing that a marriage contracted by the father was annulled due to the daughter's lack of consent. This was a great achievement of Islam. Furthermore, in Islamic law, this issue is unanimously agreed upon, provided that she is of age (baligha).
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 3270
