A Girl’s Right Over Marriage After Puberty and the Ruling on Marriage With a Polytheist Husband
Source: Fatāwā Rāshidiyyah, p. 448
❀ Question
The scholars of Islam were asked:
The marriage of Mushtāq, son of Riyāḍ Aḥmad, was arranged in childhood with Mukhtārān Bībī. Now that Mukhtārān Bībī has reached puberty, she has rejected the marriage, stating:
◄ I do not accept this marriage.
◄ Because Mushtāq Aḥmad bin Riyāḍ Aḥmad is an innovator and a gambler, therefore he is a polytheist.
◄ And I do not want to marry a polytheist.
Moreover, the girl has not yet been sent to her husband’s house (rukhsatī has not taken place). Please clarify in light of Sharīʿah whether this marriage is valid or not.
❀ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!
This marriage will not be valid according to Sharīʿah, for the following reasons:
① A Girl Has the Right to Decide After Puberty
According to Islamic teachings, once a girl reaches puberty, she has the right to either uphold the marriage arranged for her in childhood or to annul it.
② Marriage of a Muslim Woman With a Non-Muslim Is Invalid
If the husband is a polytheist, then a Muslim woman’s marriage with him is not permissible.
Ḥadīth Evidence
((عن ابن عباس رضى الله عنه أن جارية بكر أتت النبى صلى الله عليه وسلم فذكرت أن أباها زوجها وهى كارهة فخيرها رسول الله صلى الله عليه وسلم.))
(Abū Dāwūd, Kitāb al-Nikāḥ, Bāb Fī al-Bikr Yuzawwijuha Abūhā wa Lā Yustaʾmar, Ḥadīth no. 2096)
Translation:
ʿAbdullāh ibn ʿAbbās رضي الله عنه narrated that a virgin girl came to the Prophet ﷺ and complained that her father had married her against her will. The Messenger of Allah ﷺ gave her the choice (to accept or reject it).
❀ Conclusion
From this ḥadīth, it is established that along with parental approval, the consent of the girl is also essential. After puberty, she holds the right to maintain or reject the marriage.
Since Mukhtārān Bībī has refused, and marriage with a polytheist is invalid, this nikāḥ is not valid according to Sharīʿah.
ھذا ما عندی واللہ اعلم بالصواب
