Source: Fatāwā Muḥammadiyyah, Vol. 1, p. 709
I, Muhammad Deen, son of Qasim Ali Khokhar, resident of Chak No. 15, Tehsil and District Okara, present a matter of Islamic jurisprudence to the respected scholars:
Approximately six months ago, my daughter, Miss Sughra Bibi, was forcibly abducted and married to Shaukat Ali, son of Siraj Deen, of the Arain caste, resident of Chak No. 12, Tehsil and District Okara.
She remained in their captivity for about two months. The abductors, Muhammad Aslam, Muhammad Saleem, and Muhammad Barkat, deceived her by saying her aunt had arrived from Bahawalpur and she should come with them. They then took her and made her smell something (possibly to drug her). After the abduction, she was kept at multiple unknown locations, and was forcibly made to sign the marriage contract, without expressing any Ijāb (proposal) or Qabūl (acceptance).
Shaukat Ali kept her locked in a room and would lock the door every time he left. My daughter detests him intensely and has never liked him. He continued to physically and mentally abuse her, even after marriage. At the time of nikāḥ, she was threatened with death if she did not comply. Neither the parents nor any other relatives were aware of this incident. Later, when the family came to know, she was recovered with the help of police. This incident occurred approximately four and a half months ago.
Now, my daughter is mentally distressed and under no circumstance wants to return to Shaukat Ali. She does not recognize the validity of this nikāḥ. Furthermore, the nikāḥ form does not contain any thumb impression or consent from the father.
We respectfully ask the scholars:
Is such a forced marriage without the consent of the girl and her guardian valid in Shariʿah? Please provide a detailed and evidence-based response.
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh, Ammā Baʿd!
If the description provided in the question is accurate, then it must be clearly understood that for a valid marriage (nikāḥ), two fundamental conditions must be met:
① Consent of the woman
② Permission of the Walī (guardian)
If even one of these conditions is missing, then according to Islamic Law, the marriage does not take place at all.
Arabic:
«لَا تُنْكَحُ الْأَيِّمُ حَتَّى تُسْتَأْمَرَ، وَلَا تُنْكَحُ الْبِكْرُ حَتَّى تُسْتَأْذَنَ»
قَالُوا: يَا رَسُولَ اللَّهِ، وَكَيْفَ إِذْنُهَا؟ قَالَ: «أَنْ تَسْكُتَ»
Reference: Ṣaḥīḥ al-Bukhārī, Book: Marriage, Vol. 2, p. 771
Translation:
The Messenger of Allah ﷺ said:
"A previously married woman (ayyim) shall not be married until she is consulted, and a virgin shall not be married until her permission is sought."
The Companions asked: "O Messenger of Allah, how is her permission?"
He ﷺ replied: "Her silence is her consent."
Arabic:
«جَاءَتْ جَارِيَةٌ إِلَى النَّبِيِّ ﷺ فَقَالَتْ: زَوَّجَنِي أَبِي وَأَنَا كَارِهَةٌ، فَخَيَّرَهَا النَّبِيُّ ﷺ»
Translation:
A virgin girl came to the Prophet ﷺ and said: "My father married me off while I was unwilling." So, the Prophet ﷺ gave her the option (to annul or maintain the marriage).
Even though Hafiz Ibn Ḥajar classified this narration as weak, it is strengthened by supporting chains and is acceptable as evidence.
(Reference: Subul as-Salām, Vol. 3, p. 122)
◈ If a girl does not consent, even her walī's marriage arrangement is not valid.
◈ Such a girl has the right to annul the marriage.
Arabic:
«لَا نِكَاحَ إِلَّا بِوَلِيٍّ»
(Reported by Abū Mūsā al-Ashʿarī)
Translation:
“There is no marriage except with a guardian (walī).”
Arabic:
«أَيُّمَا امْرَأَةٍ نَكَحَتْ بِغَيْرِ إِذْنِ وَلِيِّهَا، فَنِكَاحُهَا بَاطِلٌ، بَاطِلٌ، بَاطِلٌ»
(Reported in Fiqh al-Sunnah, Vol. 2, p. 112)
Translation:
"Any woman who marries without the consent of her walī, her marriage is invalid, invalid, invalid. If the husband consummates with her, she is entitled to the mahr due to the intimacy, but if there is dispute, the Sultān (Islamic judge) becomes the walī of the one who has no walī."
“If a woman is of immoral character and her guardians seek her well-being, then in such a case, without their permission, the nikāḥ is not valid. In this case, no divorce is required for her to marry elsewhere.”
(Fatāwā Rūpūriyyah, Vol. 2, p. 414)
This marriage is invalid (bāṭil) based on the following two reasons:
① The girl was abducted and forced into the marriage without her consent.
② The marriage occurred without the approval of her walī (father).
◈ Merely obtaining a forced signature on the marriage form does not constitute a valid nikāḥ in Sharīʿah.
◈ The matter of annulment or continuation should be referred to a competent Sharīʿah court for formal legal decision.
Note: This response is based solely on the Shariʿah perspective. Allah knows the actual situation best.
هٰذَا مَا عِندِي وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ
❖ Question:
I, Muhammad Deen, son of Qasim Ali Khokhar, resident of Chak No. 15, Tehsil and District Okara, present a matter of Islamic jurisprudence to the respected scholars:
Approximately six months ago, my daughter, Miss Sughra Bibi, was forcibly abducted and married to Shaukat Ali, son of Siraj Deen, of the Arain caste, resident of Chak No. 12, Tehsil and District Okara.
She remained in their captivity for about two months. The abductors, Muhammad Aslam, Muhammad Saleem, and Muhammad Barkat, deceived her by saying her aunt had arrived from Bahawalpur and she should come with them. They then took her and made her smell something (possibly to drug her). After the abduction, she was kept at multiple unknown locations, and was forcibly made to sign the marriage contract, without expressing any Ijāb (proposal) or Qabūl (acceptance).
Shaukat Ali kept her locked in a room and would lock the door every time he left. My daughter detests him intensely and has never liked him. He continued to physically and mentally abuse her, even after marriage. At the time of nikāḥ, she was threatened with death if she did not comply. Neither the parents nor any other relatives were aware of this incident. Later, when the family came to know, she was recovered with the help of police. This incident occurred approximately four and a half months ago.
Now, my daughter is mentally distressed and under no circumstance wants to return to Shaukat Ali. She does not recognize the validity of this nikāḥ. Furthermore, the nikāḥ form does not contain any thumb impression or consent from the father.
We respectfully ask the scholars:
Is such a forced marriage without the consent of the girl and her guardian valid in Shariʿah? Please provide a detailed and evidence-based response.
❖ Answer:
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh, Ammā Baʿd!
If the description provided in the question is accurate, then it must be clearly understood that for a valid marriage (nikāḥ), two fundamental conditions must be met:
① Consent of the woman
② Permission of the Walī (guardian)
If even one of these conditions is missing, then according to Islamic Law, the marriage does not take place at all.
✿ Evidence from Authentic Hadiths
➤ Hadith from Ṣaḥīḥ al-Bukhārī:
Arabic:
«لَا تُنْكَحُ الْأَيِّمُ حَتَّى تُسْتَأْمَرَ، وَلَا تُنْكَحُ الْبِكْرُ حَتَّى تُسْتَأْذَنَ»
قَالُوا: يَا رَسُولَ اللَّهِ، وَكَيْفَ إِذْنُهَا؟ قَالَ: «أَنْ تَسْكُتَ»
Reference: Ṣaḥīḥ al-Bukhārī, Book: Marriage, Vol. 2, p. 771
Translation:
The Messenger of Allah ﷺ said:
"A previously married woman (ayyim) shall not be married until she is consulted, and a virgin shall not be married until her permission is sought."
The Companions asked: "O Messenger of Allah, how is her permission?"
He ﷺ replied: "Her silence is her consent."
➤ Hadith from Musnad Aḥmad, Abū Dāwūd, Ibn Mājah:
Arabic:
«جَاءَتْ جَارِيَةٌ إِلَى النَّبِيِّ ﷺ فَقَالَتْ: زَوَّجَنِي أَبِي وَأَنَا كَارِهَةٌ، فَخَيَّرَهَا النَّبِيُّ ﷺ»
Translation:
A virgin girl came to the Prophet ﷺ and said: "My father married me off while I was unwilling." So, the Prophet ﷺ gave her the option (to annul or maintain the marriage).
Even though Hafiz Ibn Ḥajar classified this narration as weak, it is strengthened by supporting chains and is acceptable as evidence.
(Reference: Subul as-Salām, Vol. 3, p. 122)
❖ Key Rulings Derived from the Above Ahadith:
◈ If a girl does not consent, even her walī's marriage arrangement is not valid.
◈ Such a girl has the right to annul the marriage.
✿ Further Evidences
➤ Hadith from Fiqh al-Sunnah:
Arabic:
«لَا نِكَاحَ إِلَّا بِوَلِيٍّ»
(Reported by Abū Mūsā al-Ashʿarī)
Translation:
“There is no marriage except with a guardian (walī).”
➤ Hadith from ʿĀ’ishah رضي الله عنها:
Arabic:
«أَيُّمَا امْرَأَةٍ نَكَحَتْ بِغَيْرِ إِذْنِ وَلِيِّهَا، فَنِكَاحُهَا بَاطِلٌ، بَاطِلٌ، بَاطِلٌ»
(Reported in Fiqh al-Sunnah, Vol. 2, p. 112)
Translation:
"Any woman who marries without the consent of her walī, her marriage is invalid, invalid, invalid. If the husband consummates with her, she is entitled to the mahr due to the intimacy, but if there is dispute, the Sultān (Islamic judge) becomes the walī of the one who has no walī."
❖ Fatwa of Hafiz ʿAbdullah Rūpūrī رحمه الله:
“If a woman is of immoral character and her guardians seek her well-being, then in such a case, without their permission, the nikāḥ is not valid. In this case, no divorce is required for her to marry elsewhere.”
(Fatāwā Rūpūriyyah, Vol. 2, p. 414)
Conclusion:
This marriage is invalid (bāṭil) based on the following two reasons:
① The girl was abducted and forced into the marriage without her consent.
② The marriage occurred without the approval of her walī (father).
◈ Merely obtaining a forced signature on the marriage form does not constitute a valid nikāḥ in Sharīʿah.
◈ The matter of annulment or continuation should be referred to a competent Sharīʿah court for formal legal decision.
Note: This response is based solely on the Shariʿah perspective. Allah knows the actual situation best.
هٰذَا مَا عِندِي وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ
