Fatwa by: Sheikh Muhammad bin Saleh Al-Uthaymeen (Hafizahullah)
Question:
My sister is 21 years old, and our father arranged her marriage to a man without her consent or opinion. The witnesses falsely testified that she agreed to this marriage, and her mother signed the marriage documents on her behalf. Although the marriage formalities were completed, my sister continues to reject this marriage. What is the ruling on this marriage and the false witnesses?
Answer:
If your sister was a virgin, and her father arranged her marriage forcefully to this man, some scholars hold that such a marriage is valid. According to their opinion, if the man is her equal (kufu) in all aspects, then even if the woman dislikes him, the father has the right to arrange her marriage without her consent. However, the stronger opinion is that neither the father nor any other person has the right to marry a woman off to someone she dislikes, even if he is her equal. This is because the Prophet Muhammad (PBUH) said:
"لا تنكح البكر حتي تستاذن"
"A virgin should not be married without her consent."
This directive is general, and no guardian (wali) is exempted from it. Furthermore, Sahih Muslim includes the following:
"البكر يستأذنها أبوها"
"The virgin's father must seek her permission."
(Sahih al-Bukhari, Book of Nikah, Chapter 41; Sahih Muslim, Book of Nikah, Chapter 64)
This Hadith explicitly mentions the virgin and her father, making it clear that this is a binding instruction. Therefore, it is obligatory to adhere to it.
Based on this, it is prohibited for a man to arrange his daughter's marriage to someone she does not approve of. Such a forced marriage is neither valid nor enforceable because validating it would contradict the prohibition set forth by the Shari’ah, as the aim of this command is to prevent the community from engaging in such actions. To declare this marriage valid would mean that we are essentially permitting something that Shari’ah has prohibited. Therefore, according to the stronger opinion, the marriage arranged by your father with a man your sister dislikes is invalid, and the intervention of the court is necessary in this matter.
As for the false witnesses, they have committed a major sin. The Prophet Muhammad (PBUH) said:
"ألا أخبركم بأكبر الكبائر... ألا وقول الزور، ألا وقول الزور، ألا وشهادة الزور"
"Shall I not inform you of the greatest of major sins? … Beware of false speech! Beware of false speech! Beware of false testimony!"
(Sahih al-Bukhari and Sahih Muslim)
Those who gave false testimony should sincerely repent to Allah, speak the truth, and openly confess before the Shari’ah court that they gave false testimony and are now retracting it. Likewise, the mother who falsely signed on behalf of her daughter has sinned, and it is obligatory for her to repent before Allah and refrain from such actions in the future.
Question:
My sister is 21 years old, and our father arranged her marriage to a man without her consent or opinion. The witnesses falsely testified that she agreed to this marriage, and her mother signed the marriage documents on her behalf. Although the marriage formalities were completed, my sister continues to reject this marriage. What is the ruling on this marriage and the false witnesses?
Answer:
If your sister was a virgin, and her father arranged her marriage forcefully to this man, some scholars hold that such a marriage is valid. According to their opinion, if the man is her equal (kufu) in all aspects, then even if the woman dislikes him, the father has the right to arrange her marriage without her consent. However, the stronger opinion is that neither the father nor any other person has the right to marry a woman off to someone she dislikes, even if he is her equal. This is because the Prophet Muhammad (PBUH) said:
"لا تنكح البكر حتي تستاذن"
"A virgin should not be married without her consent."
This directive is general, and no guardian (wali) is exempted from it. Furthermore, Sahih Muslim includes the following:
"البكر يستأذنها أبوها"
"The virgin's father must seek her permission."
(Sahih al-Bukhari, Book of Nikah, Chapter 41; Sahih Muslim, Book of Nikah, Chapter 64)
This Hadith explicitly mentions the virgin and her father, making it clear that this is a binding instruction. Therefore, it is obligatory to adhere to it.
Based on this, it is prohibited for a man to arrange his daughter's marriage to someone she does not approve of. Such a forced marriage is neither valid nor enforceable because validating it would contradict the prohibition set forth by the Shari’ah, as the aim of this command is to prevent the community from engaging in such actions. To declare this marriage valid would mean that we are essentially permitting something that Shari’ah has prohibited. Therefore, according to the stronger opinion, the marriage arranged by your father with a man your sister dislikes is invalid, and the intervention of the court is necessary in this matter.
As for the false witnesses, they have committed a major sin. The Prophet Muhammad (PBUH) said:
"ألا أخبركم بأكبر الكبائر... ألا وقول الزور، ألا وقول الزور، ألا وشهادة الزور"
"Shall I not inform you of the greatest of major sins? … Beware of false speech! Beware of false speech! Beware of false testimony!"
(Sahih al-Bukhari and Sahih Muslim)
Those who gave false testimony should sincerely repent to Allah, speak the truth, and openly confess before the Shari’ah court that they gave false testimony and are now retracting it. Likewise, the mother who falsely signed on behalf of her daughter has sinned, and it is obligatory for her to repent before Allah and refrain from such actions in the future.