Shar‘i Ruling on Marriage under a Qādiyānī Father’s Condition and the Ruling of Compulsion
Source: Fatāwā Muḥammadiyyah, Vol. 1, p. 94
❖ Background of the Question:
Both the boy and the girl are Muslims, and their families are also Muslims. However, the girl’s father is a Qādiyānī. The marriage has been arranged, but the Qādiyānī father has set a condition: the marriage should be conducted by a Qādiyānī representative from Rabwah, and the groom must fill out a form.
The boy and his parents state that they will temporarily accept this condition, later return, and solemnize the marriage again according to Islamic Sharī‘ah. Their only purpose is to save the Muslim girl from falling into the clutches of the Qādiyānīs. The question is: Is this action permissible in Sharī‘ah?
❖ Answer:
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ‘alā Rasūlillāh, ammā ba‘d!
According to the question, both the boy and the girl are Muslims with firm faith in Khatm al-Nubuwwah (Finality of Prophethood). It is also clear that they consider all sects of Qādiyānīs (Qādiyānī, Lāhorī, and Rabwah) as disbelievers.
Since their acceptance of this condition is only to temporarily safeguard a Muslim girl from Qādiyānī disbelievers, there is allowance under compulsion (ikrāh).
❖ Qur’anic Evidence:
Allah ﷻ says:
﴿مَن كَفَرَ بِاللَّـهِ مِن بَعدِ إيمـنِهِ إِلّا مَن أُكرِهَ وَقَلبُهُ مُطمَئِنٌّ بِالإيمـنِ وَلـكِن مَن شَرَحَ بِالكُفرِ صَدرًا فَعَلَيهِم غَضَبٌ مِنَ اللَّـهِ وَلَهُم عَذابٌ عَظيمٌ ﴾
(Sūrat al-Naḥl: 106)
Translation:
“Whoever disbelieves in Allah after his faith—except for one who is compelled while his heart is firm in faith—but those who open their hearts to disbelief, upon them is the wrath of Allah, and for them is a great punishment.”
❖ Clarification from Tafsīr:
Imām Ibn Kathīr:
“ولهذا إتفق العلماء على أن المكره على الكفر يجوز له أن يوالى إبقاء لمهجته.”
(Tafsīr Ibn Kathīr, 2/606)
Meaning: The scholars are agreed that if a person is forced into disbelief, he may outwardly show compliance to preserve his life.
Imām al-Qurṭubī:
He writes that the scholars unanimously agree: if one is compelled to utter words or perform acts of disbelief to save his life, while his heart remains firm on īmān, he will not be deemed a disbeliever. His wife will not be separated from him, nor will the rulings of disbelief apply to him.
(Aḥsan al-Bayān, p. 364)
❖ Important Caution:
This does not mean that one should utter words of disbelief lightly. It is merely a Shar‘i concession (rukhsah) in the state of compulsion. The ideal and more virtuous stance is to openly declare truth in all circumstances, as Sayyidunā Bilāl (رضي الله عنه) did, who endured severe torture yet did not abandon the word of truth.
❖ Shar‘i Guidance:
◈ In this case, to save the girl from Qādiyānīs, it is permissible under compulsion to temporarily accept the condition of marriage through a Qādiyānī representative and filling out the form.
◈ However, afterwards, it is mandatory to conduct the nikāḥ again properly according to Islamic Sharī‘ah.
◈ Since a Qādiyānī is a kāfir, he cannot be a guardian (walī) of his Muslim daughter.
◈ Therefore, for the valid Shar‘i nikāḥ, a Muslim male relative must act as the walī, and the marriage should be re-conducted in the Islamic manner.
ھذا ما عندي والله أعلم بالصواب
