❖ Source: Fatāwā Muḥammadiyyah, Volume 1, Page 678
What do the scholars of Islam say regarding the following situation:
Mr. Muḥammad Yūsuf, son of Muḥammad Dīn, of the Kamboh caste from Chak No. 2/28, Tehsil & District Okara, was married approximately one month and three days ago. The bride lived with him for only ten days. During this short time, Mr. Yāsīn committed severe oppression and abuse against her.
It is important to note that the bride’s father was unaware of the marriage, and the bride was deceived and coerced into the marriage by her aunt’s brother.
When the bride's father and family learned of the situation, they brought her back home. The bride is now extremely distressed and residing with her father.
Now the question is:
❖ Is a marriage performed through coercion (without free consent and without the guardian's permission) valid in Islam?
❖ Is the woman entitled to a new marriage?
If there is any falsehood in the description, the questioner bears full responsibility. We seek a clear and authentic Sharʿī ruling.
الحمد لله، والصلاة والسلام علىٰ رسول الله، أما بعد!
Assuming the question is truthful and the witnesses are reliable, then Sharʿan (legally in Islamic law), the marriage never occurred, because:
The permission of the walī (guardian) is an essential condition for the validity of the marriage.
Allah Almighty says:
فَلَا تَعْضُلُوهُنَّ أَن يَنكِحْنَ أَزْوَاجَهُنَّ
“Do not prevent them from remarrying their [former] husbands when they agree among themselves in a fair manner.”
— [al-Baqarah: 232]
From this verse, we understand that even a divorced woman (in a revocable divorce) cannot remarry her former husband without the walī’s consent after the waiting period (‘iddah).
Imām al-Bukhārī رحمه الله established a chapter in Ṣaḥīḥ al-Bukhārī:
“Chapter: One who says there is no marriage except with a walī”
He cited the above verse as evidence and stated:
“This includes both the previously married and the virgin woman.”
He also referenced:
All these verses assign the authority of marriage to the guardian (walī).
➊ Narrated by Abū Mūsā al-Ashʿarī رضي الله عنه:
«لَا نِكَاحَ إِلَّا بِوَلِيٍّ»
“There is no marriage except with a guardian.”
(Aḥmad, Abū Dāwūd, al-Tirmidhī, Ibn Mājah; Ṣaḥīḥ — Sabul al-Salām 3/117)
➋ Narrated by ʿĀ’ishah رضي الله عنها:
«أَيُّمَا امْرَأَةٍ نَكَحَتْ بِغَيْرِ إذْنِ وَلِيِّهَا فَنِكَاحُهَا بَاطِلٌ، بَاطِلٌ، بَاطِلٌ»
“Any woman who marries without her guardian’s permission, her marriage is invalid, invalid, invalid.”
(Sabul al-Salām 3/117)
➌ Narrated by Abū Hurayrah رضي الله عنه:
«لَا تُزَوِّجُ الْمَرْأَةُ الْمَرْأَةَ، وَلَا تُزَوِّجُ الْمَرْأَةُ نَفْسَهَا، فَإِنَّ الزَّانِيَةَ هِيَ الَّتِي تُزَوِّجُ نَفْسَهَا»
“A woman should not marry off another woman, nor marry herself off. Indeed, only a fornicatress marries herself off.”
(Ibn Mājah, Dāraquṭnī, Nayl al-Awṭār)
➍ Narration of ʿIkrimah ibn Khālid (Tabiʿī):
A widow appointed a non-relative as her walī during a journey and married. When ʿUmar ibn al-Khaṭṭāb رضي الله عنه was informed, he invalidated the marriage and had both the officiator and the husband flogged.
(Imām al-Shāfiʿī, Dāraquṭnī 3/225, al-Muḥallā by Ibn Ḥazm 9/452)
◉ Imām Ibn Kathīr رحمه الله:
“A woman is not the owner of her own nikāḥ; the permission of the walī is a condition.”
(Tafsīr Ibn Kathīr 1/282)
◉ Imām Muḥammad ibn Ismāʿīl al-Amīr:
“According to the majority of scholars, the walī’s consent is a condition. A woman cannot marry herself.”
(Sabul al-Salām 3/117)
◉ Imām al-Shawkānī رحمه الله:
“According to ʿUmar, Ibn ʿAbbās, Ibn ʿUmar, Abū Hurayrah, ʿĀ’ishah رضي الله عنهم and many others, marriage without a walī is invalid. Ibn al-Mundhir states: No companion opposed this view.”
(Nayl al-Awṭār 6/126)
Based on the above verses, aḥādīth, Companions’ reports, and legal opinions of the scholars:
✔ The marriage in question did not occur in Sharīʿah, because the guardian's permission was absent.
✔ The girl was also deceived and coerced, which further invalidates the marriage.
✔ Therefore, this marriage is null and void in Islam.
✔ After proper legal/nullification procedures, the girl becomes eligible for a new valid marriage.
Note: This is a Sharʿī ruling based on the information provided. The Muftī holds no responsibility for any legal proceedings in courts of law.
“This is what I hold to be correct. And Allah knows best.”
❖ Question:
What do the scholars of Islam say regarding the following situation:
Mr. Muḥammad Yūsuf, son of Muḥammad Dīn, of the Kamboh caste from Chak No. 2/28, Tehsil & District Okara, was married approximately one month and three days ago. The bride lived with him for only ten days. During this short time, Mr. Yāsīn committed severe oppression and abuse against her.
It is important to note that the bride’s father was unaware of the marriage, and the bride was deceived and coerced into the marriage by her aunt’s brother.
When the bride's father and family learned of the situation, they brought her back home. The bride is now extremely distressed and residing with her father.
Now the question is:
❖ Is a marriage performed through coercion (without free consent and without the guardian's permission) valid in Islam?
❖ Is the woman entitled to a new marriage?
If there is any falsehood in the description, the questioner bears full responsibility. We seek a clear and authentic Sharʿī ruling.
❖ Answer:
الحمد لله، والصلاة والسلام علىٰ رسول الله، أما بعد!
Assuming the question is truthful and the witnesses are reliable, then Sharʿan (legally in Islamic law), the marriage never occurred, because:
The permission of the walī (guardian) is an essential condition for the validity of the marriage.
✦ Proof from the Noble Qur’an:
Allah Almighty says:
فَلَا تَعْضُلُوهُنَّ أَن يَنكِحْنَ أَزْوَاجَهُنَّ
“Do not prevent them from remarrying their [former] husbands when they agree among themselves in a fair manner.”
— [al-Baqarah: 232]
From this verse, we understand that even a divorced woman (in a revocable divorce) cannot remarry her former husband without the walī’s consent after the waiting period (‘iddah).✦ Imām al-Bukhārī’s Reasoning:
Imām al-Bukhārī رحمه الله established a chapter in Ṣaḥīḥ al-Bukhārī:
“Chapter: One who says there is no marriage except with a walī”
He cited the above verse as evidence and stated:
“This includes both the previously married and the virgin woman.”
He also referenced:
- ﴿وَلَا تُنكِحُوا الْمُشْرِكِينَ حَتَّىٰ يُؤْمِنُوا﴾ — [al-Baqarah: 221]
- ﴿وَأَنكِحُوا الْأَيَامَىٰ مِنكُمْ﴾ — [al-Nūr: 32]
All these verses assign the authority of marriage to the guardian (walī).✦ Prophetic Aḥādīth:
➊ Narrated by Abū Mūsā al-Ashʿarī رضي الله عنه:
«لَا نِكَاحَ إِلَّا بِوَلِيٍّ»
“There is no marriage except with a guardian.”
(Aḥmad, Abū Dāwūd, al-Tirmidhī, Ibn Mājah; Ṣaḥīḥ — Sabul al-Salām 3/117)
➋ Narrated by ʿĀ’ishah رضي الله عنها:
«أَيُّمَا امْرَأَةٍ نَكَحَتْ بِغَيْرِ إذْنِ وَلِيِّهَا فَنِكَاحُهَا بَاطِلٌ، بَاطِلٌ، بَاطِلٌ»
“Any woman who marries without her guardian’s permission, her marriage is invalid, invalid, invalid.”
(Sabul al-Salām 3/117)
➌ Narrated by Abū Hurayrah رضي الله عنه:
«لَا تُزَوِّجُ الْمَرْأَةُ الْمَرْأَةَ، وَلَا تُزَوِّجُ الْمَرْأَةُ نَفْسَهَا، فَإِنَّ الزَّانِيَةَ هِيَ الَّتِي تُزَوِّجُ نَفْسَهَا»
“A woman should not marry off another woman, nor marry herself off. Indeed, only a fornicatress marries herself off.”
(Ibn Mājah, Dāraquṭnī, Nayl al-Awṭār)
➍ Narration of ʿIkrimah ibn Khālid (Tabiʿī):
A widow appointed a non-relative as her walī during a journey and married. When ʿUmar ibn al-Khaṭṭāb رضي الله عنه was informed, he invalidated the marriage and had both the officiator and the husband flogged.
(Imām al-Shāfiʿī, Dāraquṭnī 3/225, al-Muḥallā by Ibn Ḥazm 9/452)
✦ Statements from Scholars:
◉ Imām Ibn Kathīr رحمه الله:
“A woman is not the owner of her own nikāḥ; the permission of the walī is a condition.”
(Tafsīr Ibn Kathīr 1/282)
◉ Imām Muḥammad ibn Ismāʿīl al-Amīr:
“According to the majority of scholars, the walī’s consent is a condition. A woman cannot marry herself.”
(Sabul al-Salām 3/117)
◉ Imām al-Shawkānī رحمه الله:
“According to ʿUmar, Ibn ʿAbbās, Ibn ʿUmar, Abū Hurayrah, ʿĀ’ishah رضي الله عنهم and many others, marriage without a walī is invalid. Ibn al-Mundhir states: No companion opposed this view.”
(Nayl al-Awṭār 6/126)
Sharʿī Verdict:
Based on the above verses, aḥādīth, Companions’ reports, and legal opinions of the scholars:
✔ The marriage in question did not occur in Sharīʿah, because the guardian's permission was absent.
✔ The girl was also deceived and coerced, which further invalidates the marriage.
✔ Therefore, this marriage is null and void in Islam.
✔ After proper legal/nullification procedures, the girl becomes eligible for a new valid marriage.
Note: This is a Sharʿī ruling based on the information provided. The Muftī holds no responsibility for any legal proceedings in courts of law.“This is what I hold to be correct. And Allah knows best.”
