Ruling on Deceptive Marriage to an Elderly Man Without the Bride’s Knowledge

Excerpted from: Aḥkām wa Masā’il – In the Light of Qur’an and Sunnah
Author: Shaykh Mubashar Ahmad Rabbani

❖ Question:​


A girl was married to an elderly man. On the wedding night, she discovered that the man presented to her during the discussions was someone else, and that her marriage had actually been arranged with this elderly person instead. She expressed intense hatred for him and refused to allow him near her. She is unwilling to live with him. What does Islamic law say about such a situation?


❖ Answer:​


Upon examining the situation, it is clear that the individual who acted as an intermediary between the bride and groom engaged in fraud, deceit, and misrepresentation.


If the girl's family — such as her father or guardians — were involved in this deception, then they too are sinful and guilty. Anyone who participated in this type of betrayal bears the sin of their actions.


This marriage is invalid and void (bāṭil) in the eyes of Islamic law, and has no legal standing in Sharī‘ah.


✦ Essential Principle in Islam:​


Scholars have clearly outlined that a girl's consent must be sought and that she must be fully informed about:


  • The name of her intended husband
  • His lineage (nasab), background, and personality
  • His social and religious standing

If the woman already knows the man, then a simple mention of his name and the proposal may suffice. Otherwise, complete transparency is required to avoid deception.


✦ Evidence from the Sunnah​


During the time of the Prophet ﷺ, a woman came to him complaining:


“My father married me to a man whom I do not like at all.”
The Prophet ﷺ gave her the option to either remain in the marriage or to have it annulled.


[Ibn Mājah, Kitāb an-Nikāḥ, Bāb: Man Zawwaja Ibnatahu wa Hiya Kārihah – 1874]



Shaykh al-Albānī رحمه الله authenticated this ḥadīth.


❖ Legal Consequence:​


The question indicates that the girl’s father was a participant in the deception. If the elderly man also knew that deception was being used to acquire this marriage, he too shares in the sin.


All such parties are liable to punishment in a Sharīʿah court for committing a grievous offense.


They are to:


  • Repent sincerely to Allah ﷻ,
  • Seek forgiveness,
  • And rectify the injustice done to the girl.
 
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