Forced Marriages And The Choice Of Women.
1. The Prophet’s (ﷺ) Response to a Guardian’s Preference Over the Woman’s Choice.
Ibn Abbas (رضي الله عنه) reported:
A man said: “O Messenger of Allah, I have an orphan girl under my care. A wealthy man and a poor man have proposed to her. I prefer the wealthy one, but she wants the poor one. What should I do?”
The Messenger of Allah (ﷺ) said:
“There is nothing like marriage for two who love one another.”
[Mustadrak al-Haakim 2/160, Bayhaqi in Kitab al-Nikah 7/78, authenticated by al-Albani in as-Saheeha and Saheeh al-Jaami’]2. A Case Where a Girl Was Forced into Marriage Against Her Will With The Great Ibn Umar radhiAllahanho.
Ibn Umar (رضي الله عنه) narrated:
When Uthman bin Maz’oon (رضي الله عنه) passed away, he left behind a daughter under the guardianship of his brother, Qudamah bin Maz’oon.
Ibn Umar (رضي الله عنه) said:
“Uthman and Qudamah were my maternal uncles. I went to Qudamah to propose to Uthman’s daughter, and he married her to me. However, her mother wanted her to marry Mughirah bin Shu’bah (who was wealthy), and the girl herself agreed with her mother. When the matter was brought to the Prophet (ﷺ), Qudamah said: ‘O Messenger of Allah, she is my brother’s daughter, and he entrusted her to me. I married her to her cousin, Ibn Umar, without neglecting her best interests. But she is a young woman, and she has inclined toward her mother’s preference.’
The Prophet (ﷺ) responded:
“She is an orphan, and she cannot be married without her permission.”
Ibn Umar (رضي الله عنه) added:
“By Allah, she was taken away from me after the marriage had already taken place, and they married her to Mughirah bin Shu’bah.”
– [Musnad Ahmad 17/181 (Hasan chain, authenticated by Ahmad Shakir and al-Haythami]
3. Women Have the Right to Reject Forced Marriages
A. A Woman Wanted Women To Know, Forced Marriages Are Not Allowed.
Narrated by Ibn Buraidah from his father (رضي الله عنه):
A girl came to the Prophet (ﷺ) and said: “My father married me to his brother’s son to elevate his status, but I do not consent.”
The Prophet (ﷺ) gave her the choice, and she said:
“I accept what my father did, but I wanted women to know that their fathers have no right to force them into marriage.
– [Ibn Majah 1874]
B. Aisha (رضي الله عنها) Reports another Incident.
A girl came to Aisha (رضي الله عنها) and said:
“My father married me to his nephew against my will.”
Aisha seated her until the Prophet (ﷺ) arrived. When he heard her complaint, he summoned her father and left the decision to her.
She said:
“O Messenger of Allah, I accept my father’s decision, but I wanted to know whether women have any say in this matter.
– [Sunan an-Nasa’i 3269]
C. The Prophet (ﷺ) Annulled a Forced Marriage.
Abdur Rahman bin Yazid reported:
A man named Khidam married off his daughter without her consent. She went to the Prophet (ﷺ), and he annulled the marriage. Later, she married Abu Lubabah bin Abdul Mundhir.
– [Ibn Majah 1873]
D. A Virgin’s Right to Choose.
Abdullah ibn Abbas (رضي الله عنه) narrated:
A virgin came to the Prophet (ﷺ) and said her father had married her against her will. The Prophet (ﷺ) gave her the choice to decide.
– [Sunan Abi Dawud 2096]
4. If the guardian (wali) is stopping a woman to marry the man of her choice.
Shaykh al Islam Ibn Taymiyah said:
وإذا رضيت رجلا وكان كفؤا لها وجب على وليها كالأخ ثم العم أن يزوجها به فإن عضلها وامتنع من تزويجها زوجها الولي الأبعد منه أو الحاكم بغير إذنه باتفاق العلماء فليس للولي أن يجبرها على نكاح من لا ترضاه ولا يعضلها عن نكاح من ترضاه إذا كان كفؤا باتفاق الأئمة وإنما يجبرها ويعضلها أهل الجاهلية والظلمة الذين يزوجون نساءهم لمن يختارونه لغرض لا لمصلحة المرأة ويكرهونها على ذلك أو يخجلونها حتى تفعل ويعضلونها عن نكاح من يكون كفؤا لها لعداوة
أو غرض وهذا كله من عمل الجاهلية والظلم والعدوان وهو مما حرمه الله ورسوله واتفق المسلمون على تحريمه وأوجب الله على أولياء النساء أن ينظروا في مصلحة المرأة لا في أهواءهم كسائر الأولياء والوكلاء ممن تصرف لغيره فإنه يقصد مصلحة من تصرف له لا يقصد هواه فإن هذا من الأمانة التي أمر الله أن تؤدي إلى أهلها فقال إن الله يأمركم أن تؤدوا الأمانات إلى أهلها وإذا حكمتم بين الناس أن تحكموا بالعدل وهذا من النصيحة الواجبة وقد قال النبي الدين النصيحة الدين النصيحة الدين النصيحة قالوا لمن يا رسول الله قال لله ولكتابه ولرسوله ولأئمة المسلمين وعامتهم والله أعلم
And when she is willing to marry a man and he is also suitable for her, then it is obligation on her guardian that he should marry her with him, and if he (the guardian) stops her from getting married or refrain from it, then according to the agreement of the scholars the next closest relative or the Haakim will make her nikah without the permission of first guardian. Those who prevent her (from getting married where she is willing) and forcing her (to marry other person) are on the way of oppressors at the time of ignorance, who in their guardianship wants the women to marry those people who are not accepted by women rather they are accepted by themselves. Then they force her and make her ashamed until she marries a person of their choice, and they stop her from marrying a suitable person for her due to their enmity or any other purpose. All of this is the practice of the days of al Jaahiliyah and oppression and enmity, which is prohibited according to Allah and his Messenger (peace be upon him), and It is prohibited according to the consensus of the scholars. Allah obligates the guardians of women to see the interest of women rather than following their desires… This is the same amanah which Allah mentioned that it is obligatory to fulfill.
“Indeed, Allah commands you to render trusts to whom they are due and when you judge between people to judge with justice.” [4:58] This well wishing (Sincerity) is obligation as the Messenger of Allah said:
“Religion is sincerity, religion is sincerity (Al-Nasihah), religion is sincerity.” They said; “To whom, O Messenger of Allah?” He said: “To Allah, to His Book, to His Messenger, to the imams of the Muslims and to their common folk.” [Sunan an-Nasa’i 4199] and Allah knows best.[Majmu al Fatawa (32/52-53)]
Conclusion.
These narrations establish that:
1. A woman’s consent is mandatory for marriage.
2. Forced marriages are invalid, and the Prophet (ﷺ) annulled them.