Written by: Ḥāfiẓ Zubair ʿAlī Zaʾī (رحمه الله)
When the girl refuses, the man threatens to disgrace her in her family and even threatens her life. At that point, the girl, unfamiliar with her surroundings, finds herself completely under the man’s control. The only way he agrees to release her back home is by forcing her to consent to marriage. The girl later testifies that she was forced into the marriage and neither accepted it with her heart nor mind.
Question:
In the light of the Qur'an and Hadith, is such a forced marriage valid or invalid?
❝Any woman who marries without the permission of her guardian (Walī), her marriage is invalid, her marriage is invalid, her marriage is invalid.❞
(Al-Sunan al-Kubrā by al-Bayhaqī 7/105, with an authentic chain; Ṣaḥīḥ Sunan Abī Dāwūd: 2083; Sunan al-Tirmidhī: 1102, who said: "This ḥadīth is ḥasan ṣaḥīḥ"; Ibn Ḥibbān: 4042; authenticated by al-Ḥākim according to the conditions of al-Bukhārī and Muslim: 2/168)
This narration has numerous supporting evidences. In fact, Imām al-Suyūṭī declared it mutawātir (mass-transmitted).
(See: Qaṭf al-Azhār, p. 87)
Furthermore, Sayyidunā ʿAbdullāh ibn ʿAbbās (رضي الله عنه) said:
❝There is no marriage except with a guardian who is a sincere advisor or with the authority of a ruler.❞
(Al-Awsaṭ by Ibn al-Mundhir 8/264, 7183, with a ḥasan chain)
The same ruling — that marriage is not valid without a Walī — is upheld by major Imāms, including Imām Mālik, Imām al-Shāfiʿī, Imām Aḥmad, and others.
(See: Sunan al-Tirmidhī: 1102)
Therefore, it is clear that in the situation described, the girl's marriage is not valid according to Islamic law.
(24 March 2013)
The Question
A girl, in a moment of difficulty, seeks help from an acquaintance. This man, with the assistance of his friends, threatens and coerces her into marrying him. She is neither from his family nor his locality. She surpasses him in wealth, beauty, and education. During the marriage, none of the girl’s family members are present. Additionally, the man is already married.When the girl refuses, the man threatens to disgrace her in her family and even threatens her life. At that point, the girl, unfamiliar with her surroundings, finds herself completely under the man’s control. The only way he agrees to release her back home is by forcing her to consent to marriage. The girl later testifies that she was forced into the marriage and neither accepted it with her heart nor mind.
Question:
In the light of the Qur'an and Hadith, is such a forced marriage valid or invalid?
The Answer
The Prophet Muhammad (ﷺ) said:❝Any woman who marries without the permission of her guardian (Walī), her marriage is invalid, her marriage is invalid, her marriage is invalid.❞
(Al-Sunan al-Kubrā by al-Bayhaqī 7/105, with an authentic chain; Ṣaḥīḥ Sunan Abī Dāwūd: 2083; Sunan al-Tirmidhī: 1102, who said: "This ḥadīth is ḥasan ṣaḥīḥ"; Ibn Ḥibbān: 4042; authenticated by al-Ḥākim according to the conditions of al-Bukhārī and Muslim: 2/168)
This narration has numerous supporting evidences. In fact, Imām al-Suyūṭī declared it mutawātir (mass-transmitted).
(See: Qaṭf al-Azhār, p. 87)
Furthermore, Sayyidunā ʿAbdullāh ibn ʿAbbās (رضي الله عنه) said:
❝There is no marriage except with a guardian who is a sincere advisor or with the authority of a ruler.❞
(Al-Awsaṭ by Ibn al-Mundhir 8/264, 7183, with a ḥasan chain)
The same ruling — that marriage is not valid without a Walī — is upheld by major Imāms, including Imām Mālik, Imām al-Shāfiʿī, Imām Aḥmad, and others.
(See: Sunan al-Tirmidhī: 1102)
Conclusion
Therefore, it is clear that in the situation described, the girl's marriage is not valid according to Islamic law.(24 March 2013)
