Is a Forced Marriage Valid If the Girl’s Consent Was Taken Under Duress?
Source: Fatāwā Amunpūrī by Shaykh Ghulām Muṣṭafā Ẓahīr Amunpūrī
❖ Question:
If a girl is forced to give consent for marriage and she agrees under compulsion, is such a marriage valid?
✿ Answer:
A marriage conducted under compulsion is not valid.
◈ Qur’ānic Evidence
﴿مَنْ كَفَرَ بِاللَّهِ مِنْ بَعْدِ إِيمَانِهِ إِلَّا مَنْ أُكْرِهَ وَقَلْبُهُ مُطْمَئِنٌّ بِالْإِيمَانِ﴾
(Sūrat al-Naḥl: 106)
“Whoever disbelieves in Allah after having believed—except for the one who is compelled while his heart is secure in faith…”
➝ If a believer forced into uttering words of disbelief is not considered a disbeliever, then by stronger reasoning, a girl whose consent is taken under compulsion is not considered married.
◈ Scholarly Statements
❀ Imām al-Shāfiʿī رحمه الله said, using this verse as proof:
“When Allah pardoned a person compelled to utter disbelief, then all other statements made under compulsion are also void. If the greatest matter (kufr) is excused, then lesser matters are excused even more.”
(al-Sunan al-Kubrā by al-Bayhaqī 2/122)
❀ Ibn Rajab رحمه الله said:
“The Qur’ān has clearly mentioned pardon in cases of error and forgetfulness, and likewise, pardon in actions done under compulsion.”
(Jāmiʿ al-ʿUlūm wa al-Ḥikam, p. 452)
Conclusion:- A girl’s consent obtained under duress is invalid.
- A forced marriage is not valid in Sharīʿah.
