Ruling on Forced Marriage of a Virgin Girl and When Khul‘ Becomes Necessary

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


❖ Question:​


What is the ruling regarding a man who forcibly married his young virgin daughter to someone she dislikes? The girl does not obey her husband in anything. Whenever she is pressured to obey him, she threatens to commit suicide. What should be done in such a situation?


❖ Answer:​


All praise is due to Allah.


The situation described in your question is extremely serious and represents a severe form of family failure and distress. In such a case, no method of reconciliation appears beneficial.


Therefore:


There is absolutely no need for compulsion,
✔ Instead, separation should be pursued in the best possible manner,
✔ Either the woman should seek khul‘ (divorce in exchange for compensation),
✔ Or a normal divorce should be given to separate both parties.


The husband is encouraged (mustahabb) — and in such cases some scholars even consider it obligatory — to accept the request for khul‘. This has been explained in the books al-Furū‘ and al-Inṣāf, and it is also the judicial view of many scholars of Syria.


✦ Evidence from the Sunnah Regarding Khul‘​


In Ṣaḥīḥ al-Bukhārī, it is recorded that when the wife of Thābit ibn Qays ibn Shamās رضي الله عنه requested khul‘, the Prophet ﷺ said:


«اقْبَلِ الْحَدِيقَةَ، وَطَلِّقْهَا تَطْلِيقَةً»
[Bukhārī, Kitāb at-Ṭalāq, Bāb al-Khul‘ (5273)]


Translation:

“Accept the garden (which you gave as mahr) back, and divorce her with one pronouncement.”


This ḥadīth proves:


  • When a woman dislikes the marriage
  • And was compelled into it
  • Then the husband must accept the khul‘, allowing her to leave the marriage.

The woman in this narration had also been forced into marriage by her father.


✦ Consent of the Woman Is a Fundamental Condition in Nikāḥ​


It is well-known among the scholars that a woman's consent is essential for the validity of her marriage. Even if she is a virgin, her father cannot force her into marriage.


Sayyidunā Abū Hurayrah رضي الله عنه narrated that the Prophet ﷺ said:


«لَا تُنْكَحُ الْأَيِّمُ حَتَّى تُسْتَأْمَرَ، وَلَا تُنْكَحُ الْبِكْرُ حَتَّى تُسْتَأْذَنَ»
They asked: “O Messenger of Allah, how is her permission?”
He replied:
«أَنْ تَسْكُتَ»
“That she remains silent (due to modesty).”


[Muttafaqun ‘alayh – Bukhārī: 5136; Muslim: 1419]


✦ Scholarly Statements​


  • Imām Zarkashī said: “This ruling is clear and apparent.”
  • Ibn Razīn also adopted this position.
  • It is the view of Imām Awzā‘ī, Shāfi‘ī, Abū Thawr, Ibn Isḥāq, and many other scholars.

The correct and strongest opinion is:


A father cannot force his young virgin daughter into marriage.


❖ Conclusion:​


✔ A forced marriage is against Islamic teachings.
✔ If the girl is unwilling and in distress — even to the point of threatening self-harm —
then the marriage must not be enforced upon her.
Khul‘ or divorce should be arranged to relieve her of the burden.
✔ The father has no right to compel a virgin daughter into a marriage she dislikes.
 
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