Prohibition of giving women in marriage without their permission


Question:

My father forced my sixteen years old sister to marry a man whom she does not desire. She tries now to commit suicide saying that death is more desirable to her than this man.

Answer:

This manner of marriage is Munkar (that which is unacceptable or disapproved of by Islamic law and Muslims of sound intellect) and invalid according to the most correct view of scholars. This is because the Prophet (peace be upon him) forbade giving women in marriage, except with their permission. He (peace be upon him) informed us that the silence of a virgin in answer to the proposal of marriage is deemed as her acceptance or consent. It was reported that when a young woman came to the Prophet (peace be upon him) to tell him that her father gave her in marriage without her consent, he (peace be upon him) gave her the choice either to stay with the husband or to reject him. Among the bad habits followed by the Bedouins and others is giving their virgin daughters in marriage without their permission. I hold the view to allow pious persons to act as an intermediary between the two parties to cancel the marriage contract. If they manage to do so, this is great; otherwise you should refer this issue to the court which will solve it. Allah is the Grantor of success!

  • Estimated reading time :
    1 Min read
  • Source:
    Fatawa Shaykh Ibn Baz p. 20/409
  • Marriage
  • Updated :
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