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Forced
Marriages and Islam.
May a father force
his virgin daughter who attained puberty to marry? Two
well-known opinions in this regard are reported from
Ahmad:
1. That he may compel her. This is also the
opinion of Maalik, ash-Shaafi`ee, and others.
2. That he may not. This is also the opinion
of Aboo Haneefah and others, and is the correct one.
People have differed as to the reason
permitting the compulsion: whether it is virginity, the
daughter being underaged, or a combination of both. The
closest opinion to the truth is her being underaged,
whereas no one can compel an adult virgin in marriage.
Aboo Hurayrah, radhiallahu `anhu, reported that the
Prophet, sallallahu `alaihi wa sallam, said: |
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"A non-virgin woman may not be
married without her command, and a virgin may not be
married without her permission; and enough
permission for her is to remain silent (because of
her natural shyness)." [Al-Bukhaaree,
Muslim, and others]
Thus the prophet (PBUH), prohibits forcing a virgin
in marriage without her permission, whether it be
her father or someone else. Furthermore, `Aa';ishah,
radhiallahu `anhaa, said that she asked the Prophet,
sallallahu `alaihi wa sallam, "In the case of a
young girl whose parents marry her, should her
permission be sought or not?" He replied, "Yes, she
must give her permission." She then said, "But a
virgin will be shy, O Allaah’s Messenger." He
answered:
"Her silence is [considered as] her permission."
[Al-Bukhaaree, Muslim, and
others]
This applies to the father as well as others.
Furthermore, Islam does not give the father the
right to use any of her wealth without her
permission, how then could he be allowed to decide,
without her permission, how her body (which is more
important than her wealth) is to be used, specially
when she disagrees to that and is mature to decide
for herself?
Also, there is evidence and consensus in Islam to
restrict an underage person’s free control of his
wealth or person. However, to make a virginity a
reason for the restriction contradicts the Islamic
basis.
As for the difference between the non-virgin and
virgin in the hadeeth of the Prophet, sallallahu `alaihi
wa sallam, it is not a differentiation between
compulsion and non-compulsion; rather, the
difference between the two cases is that
(a) the former
gives her instructions for the marriage whereas the
latter gives permission, and that
(b) the virgin’s
silence counts as a permission.
The reason for this is that a virgin would be shy to
discuss the matter of marriage, so she is not
proposed to directly; rather, her walee (guardian)
is approached, he takes her permission, and then she
gives him the permission not the command to marry
her.
And as for a non-virgin, she would not have the
shyness of virginity anymore; thus she can discuss
the matter of her marriage, she can be proposed to,
and she gives the command to her walee to perform
the marriage, and he must obey her.
Thus the walee is command-executor in the case of
the non-virgin, and is permission-seeker in the case
of the virgin. This is what the Prophet's words
indicate. As for compelling her to marry despite her
loathing to do so, this would contradict the
fundamentals and reason. Allaah ta`ala did not
permit a walee to force her to sell or rent her
property without her permission. Neither did He
permit him to force her to eat or drink or wear that
which she does not wish. How would He then oblige
her to accompany and copulate with a person whose
company she hates - at the time when Allaah ta`ala
has sent between the two spouses love and mercy? If
such company happens despite her hatred and
repulsion, where is the love and mercy. |
