Excerpted from: Aḥkām wa Masā’il – In the Light of Qur’an and Sunnah
Author: Shaykh Mubashar Ahmad Rabbani
My father married off my sister to one of our relatives when she was just around two months old. She has no memory of this marriage. Upon reaching adulthood, she came to know that this nikāḥ was performed by her father. She now refuses to remain married to that person. She wishes to annul the marriage. Please clarify the Islamic ruling on this according to the Qur’an and Sunnah.
The Prophet Muhammad ﷺ said, as narrated by Abū Hurayrah رضي الله عنه:
“A previously married woman (widow or divorcee) must not be married off without her consent, and a virgin must not be married off without her permission.”
The companions asked, “O Messenger of Allah, what is her permission?”
He replied: “Her silence (is her permission), as she feels shy to speak.”
[Bukhārī: 5136, Kitāb an-Nikāḥ; Muslim: 1419]
This authentic ḥadīth indicates that:
Sayyidunā ʿAbdullāh ibn ʿAbbās رضي الله عنهما narrated:
“A virgin girl came to the Messenger of Allah ﷺ and told him that her father married her off, while she was not pleased with it. So, the Prophet ﷺ granted her the right of choice (khiyār).”
[Abū Dāwūd: 3306; Ibn Mājah: 1874]
Imām Aḥmad Ḥasan Dehlwī رحمه الله wrote:
“This ḥadīth proves that it is forbidden for a father to compel his virgin daughter into marriage. If this applies to the father, then it is even more strictly prohibited for any other guardian (like uncles, brothers, etc.) to force her.”
[Tanqīḥ ar-Ruwāt: 10/3]
➤ Based on the above authentic narrations, a girl who was married off as a minor by her guardian (even by her father), has the full right to annul that marriage after reaching puberty if she is not pleased with it.
This ruling is established from the Sunnah and is unanimously accepted among the scholars.
Author: Shaykh Mubashar Ahmad Rabbani
❖ Question:
My father married off my sister to one of our relatives when she was just around two months old. She has no memory of this marriage. Upon reaching adulthood, she came to know that this nikāḥ was performed by her father. She now refuses to remain married to that person. She wishes to annul the marriage. Please clarify the Islamic ruling on this according to the Qur’an and Sunnah.
❖ Answer:
The Prophet Muhammad ﷺ said, as narrated by Abū Hurayrah رضي الله عنه:
“A previously married woman (widow or divorcee) must not be married off without her consent, and a virgin must not be married off without her permission.”
The companions asked, “O Messenger of Allah, what is her permission?”
He replied: “Her silence (is her permission), as she feels shy to speak.”
[Bukhārī: 5136, Kitāb an-Nikāḥ; Muslim: 1419]
✦ Key Legal Point:
This authentic ḥadīth indicates that:
- A minor girl may be married off by her guardian (walī) in her childhood without seeking her consent.
- However, after she reaches puberty, she holds the right to either accept or annul that marriage.
Sayyidunā ʿAbdullāh ibn ʿAbbās رضي الله عنهما narrated:
“A virgin girl came to the Messenger of Allah ﷺ and told him that her father married her off, while she was not pleased with it. So, the Prophet ﷺ granted her the right of choice (khiyār).”
[Abū Dāwūd: 3306; Ibn Mājah: 1874]
✦ Scholarly Commentary:
Imām Aḥmad Ḥasan Dehlwī رحمه الله wrote:
“This ḥadīth proves that it is forbidden for a father to compel his virgin daughter into marriage. If this applies to the father, then it is even more strictly prohibited for any other guardian (like uncles, brothers, etc.) to force her.”
[Tanqīḥ ar-Ruwāt: 10/3]
❖ Final Ruling:
➤ Based on the above authentic narrations, a girl who was married off as a minor by her guardian (even by her father), has the full right to annul that marriage after reaching puberty if she is not pleased with it.
This ruling is established from the Sunnah and is unanimously accepted among the scholars.
