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Islamic Ruling on Marriage Without a Girl’s Consent

❀ Marriage of a Girl Without Her Consent and Its Ruling in Islam ❀​


Source: Fatāwā Rāshidiyyah, Page 443


❓ Question​


In many countries, it is customary to marry off a mature girl to a 5–6 year old minor boy without seeking her opinion or consent. The result is that the girl either commits suicide or secretly falls into sin. The question is: according to Islamic Sharīʿah, is it permissible for relatives to marry a girl to a minor boy without her will and consent?


✔ Answer​


Alḥamdulillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, Ammā Baʿd!


This practice is sheer oppression and injustice, reminiscent of the era of ignorance (jāhiliyyah). It has nothing to do with Islamic Sharīʿah.


Before Islam, the ignorant Arabs used to oppress women in this way, subjecting them to humiliating customs. Women were not given dignity or respect, regarded as lesser than animals, and even denied the right to speak — as if they were not human at all.


With the advent of Islam, the condition of women gradually reformed. Allah ﷻ granted them honor, established their rightful place in humanity, and declared them as one half of human society. The Qur’an proclaimed:


﴿وَلَهُنَّ مِثْلُ الَّذِي عَلَيْهِنَّ بِالْمَعْرُ‌وفِ…… ﴾ (البقرة: 228)
“And women have rights similar to those upon them, according to what is fair.”


This verse granted women rights just as men have rights. The Qur’an repeatedly emphasized good treatment of women, fulfilling their rights, and forbidding injustice against them.


◈ Teachings of the Messenger ﷺ on Marriage​


The instructions of the Messenger of Allah ﷺ regarding nikāḥ are clear:


  • Along with the consent of the guardians, the woman’s own approval and willingness must also be sought.
  • The Prophet ﷺ said:
    “It is necessary to take the consent of every woman for her marriage, whether she is a virgin or a widow. A widow must express her consent verbally, while the silence of a virgin is considered her permission.”

Therefore, even a virgin girl must be asked. If she refuses, the marriage will not be valid, even if the parents agree. Such a nikāḥ will be invalid.


◈ A Relevant Incident from Ḥadīth​


A woman once came to the Messenger of Allah ﷺ and said:
“My father has married me to a man against my will, and I dislike this marriage.”


The Prophet ﷺ replied:
“If you do not wish to remain in this marriage, then you are free.”


The woman then said:
“Now that my father has married me, I will accept this marriage. But I wanted to know whether women have rights in this matter or not.”


This ḥadīth proves that if a woman does not consent, the marriage is invalid, even if conducted by her father.


📌 Conclusion​


✿ A marriage without the consent of the girl is completely invalid.
✿ This practice is not only wrong but also severe oppression and coercion upon women.
✿ Islamic Sharīʿah does not permit such oppressive customs.
✿ It is a tradition of jāhiliyyah from which Muslims must strictly abstain.
✿ The evil consequences of such marriages will inevitably appear, and those who committed this injustice will be responsible.
✿ They will face severe accountability before Allah ﷻ.


Hadhā mā ʿindī, wallāhu aʿlam bis-ṣawāb.
 
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