❖ Source: Fatāwā Muḥammadiyyah, Volume 1, Page 695
Mr. Muḥammad Shafīʿ, son of Ṣadr Dīn, from the Arain community, resident of Chak No. 102 G.B., Jaranwala Road, Faisalabad, submits the following:
“My daughter Yasmeen was forcibly married about six months ago to Akbar ʿAlī, son of Khalīl, from the Oad caste, resident of Chak No. 82, Liaqatpur District Rahim Yar Khan.
My daughter was not willing to marry him. She was threatened and coerced to place her thumb impression on the marriage papers.
I swear by Allah Almighty that my thumb impression is not present on the marriage document, nor did I have any knowledge of this marriage at the time. It was an act of sheer oppression and coercion.
There were no family witnesses present during the marriage.
Later, when the family discovered the truth, they found the girl and, through a local arbitration council (panchayat), she was retrieved by her paternal uncle and close relatives. She has now been home for about twenty days and completely rejects the marriage, expressing strong hatred toward the man.
I therefore ask:
Is such a forced marriage, conducted without the father’s permission, valid in Sharīʿah or not?
Kindly issue a detailed answer based on the Qur’an and Sunnah.
الحمد لله، والصلاة والسلام علىٰ رسول الله، أما بعد!
If the details of the question are accurate and the situation true, then the said marriage is not valid in Sharīʿah.
There are two primary reasons for its invalidity:
The girl was not taken into confidence, and the marriage was performed under threat and compulsion, as clearly mentioned in the question.
In Islamic law, a woman’s consent is a fundamental condition for the validity of nikāḥ.
Narrated by Abū Hurayrah رضي الله عنه, the Prophet ﷺ said:
«لَا تُنْكَحُ الْبِكْرُ حَتَّى تُسْتَأْذَنَ، وَلَا الثَّيِّبُ حَتَّى تُسْتَأْمَرَ»
It was asked, “O Messenger of Allah, how is the permission of a virgin?”
He said: “Her silence is her consent.”
(Ṣaḥīḥ al-Bukhārī, Kitāb al-Nikāḥ, Vol. 2, p. 771)
Translation:
“A previously married woman must not be married until she is consulted, and a virgin must not be married until her permission is sought. The Companions asked, ‘O Messenger of Allah, how is her permission recognized?’ He replied, ‘By her silence.’”
Another narration states:
A virgin girl came to the Prophet ﷺ and said, ‘My father married me against my will.’
The Prophet ﷺ gave her the choice — either to uphold the marriage or to annul it.
(Musnad Aḥmad, Abū Dāwūd, Ibn Mājah; Sabul al-Salām, Vol. 3, p. 122)
Scholars have declared this narration authentic and supported by multiple chains.
These aḥādīth establish that a marriage without the woman’s consent is invalid in Sharīʿah. Any marriage performed through force or coercion does not take effect.
In this case, the marriage was also performed without the permission of the walī (the girl’s father), which renders it invalid in Islamic law.
Narrated by Abū Burdah ibn Abī Mūsā, from his father:
«لَا نِكَاحَ إِلَّا بِوَلِيٍّ»
“There is no nikāḥ except with a guardian.”
(Aḥmad, Abū Dāwūd, al-Tirmidhī, Ibn Ḥibbān — all authenticated it; Sabul al-Salām, Vol. 3, p. 117)
The majority of the Companions, jurists, and imams of Islam agree that a marriage without the permission of a walī is invalid.
Based on the details and assuming the case is factual:
Reasons:
① It was performed without the girl’s free consent, under coercion and threats.
② It was conducted without the permission of her walī (father).
Hence, this marriage is Sharʿan null and void (nikāḥ bāṭil).
However, this fatwa is a Sharʿī opinion, not a legal annulment.
A court ruling or judicial confirmation is required for official nullification.
The issuing Mufti bears no legal responsibility for any subsequent legal proceedings.
“This is what I hold to be correct, and Allah knows best.”
❖ Question:
Mr. Muḥammad Shafīʿ, son of Ṣadr Dīn, from the Arain community, resident of Chak No. 102 G.B., Jaranwala Road, Faisalabad, submits the following:
“My daughter Yasmeen was forcibly married about six months ago to Akbar ʿAlī, son of Khalīl, from the Oad caste, resident of Chak No. 82, Liaqatpur District Rahim Yar Khan.
My daughter was not willing to marry him. She was threatened and coerced to place her thumb impression on the marriage papers.
I swear by Allah Almighty that my thumb impression is not present on the marriage document, nor did I have any knowledge of this marriage at the time. It was an act of sheer oppression and coercion.
There were no family witnesses present during the marriage.
Later, when the family discovered the truth, they found the girl and, through a local arbitration council (panchayat), she was retrieved by her paternal uncle and close relatives. She has now been home for about twenty days and completely rejects the marriage, expressing strong hatred toward the man.
I therefore ask:
Is such a forced marriage, conducted without the father’s permission, valid in Sharīʿah or not?
Kindly issue a detailed answer based on the Qur’an and Sunnah.
❖ Answer:
الحمد لله، والصلاة والسلام علىٰ رسول الله، أما بعد!
If the details of the question are accurate and the situation true, then the said marriage is not valid in Sharīʿah.
There are two primary reasons for its invalidity:
➊ Marriage Conducted Without the Girl’s Consent
The girl was not taken into confidence, and the marriage was performed under threat and compulsion, as clearly mentioned in the question.
In Islamic law, a woman’s consent is a fundamental condition for the validity of nikāḥ.
✦ Evidence from Ḥadīth:
Narrated by Abū Hurayrah رضي الله عنه, the Prophet ﷺ said:
«لَا تُنْكَحُ الْبِكْرُ حَتَّى تُسْتَأْذَنَ، وَلَا الثَّيِّبُ حَتَّى تُسْتَأْمَرَ»
It was asked, “O Messenger of Allah, how is the permission of a virgin?”
He said: “Her silence is her consent.”
(Ṣaḥīḥ al-Bukhārī, Kitāb al-Nikāḥ, Vol. 2, p. 771)
Translation:
“A previously married woman must not be married until she is consulted, and a virgin must not be married until her permission is sought. The Companions asked, ‘O Messenger of Allah, how is her permission recognized?’ He replied, ‘By her silence.’”
Another narration states:
A virgin girl came to the Prophet ﷺ and said, ‘My father married me against my will.’
The Prophet ﷺ gave her the choice — either to uphold the marriage or to annul it.
(Musnad Aḥmad, Abū Dāwūd, Ibn Mājah; Sabul al-Salām, Vol. 3, p. 122)
Scholars have declared this narration authentic and supported by multiple chains. These aḥādīth establish that a marriage without the woman’s consent is invalid in Sharīʿah. Any marriage performed through force or coercion does not take effect.➋ Marriage Conducted Without the Guardian’s (Father’s) Permission
In this case, the marriage was also performed without the permission of the walī (the girl’s father), which renders it invalid in Islamic law.
✦ Prophetic Evidence:
Narrated by Abū Burdah ibn Abī Mūsā, from his father:
«لَا نِكَاحَ إِلَّا بِوَلِيٍّ»
“There is no nikāḥ except with a guardian.”
(Aḥmad, Abū Dāwūd, al-Tirmidhī, Ibn Ḥibbān — all authenticated it; Sabul al-Salām, Vol. 3, p. 117)
The majority of the Companions, jurists, and imams of Islam agree that a marriage without the permission of a walī is invalid.
Conclusion:
Based on the details and assuming the case is factual:
- The marriage of Yasmeen daughter of Muḥammad Shafīʿ (Arain, Chak No. 102 G.B., Jaranwala Road, Faisalabad)
to Akbar ʿAlī son of Khalīl (Oad, Chak No. 82, Liaqatpur, District Rahim Yar Khan)
is not valid in Sharīʿah.
Reasons:
① It was performed without the girl’s free consent, under coercion and threats.
② It was conducted without the permission of her walī (father).
Hence, this marriage is Sharʿan null and void (nikāḥ bāṭil).
However, this fatwa is a Sharʿī opinion, not a legal annulment.
A court ruling or judicial confirmation is required for official nullification.
The issuing Mufti bears no legal responsibility for any subsequent legal proceedings.
“This is what I hold to be correct, and Allah knows best.”
