A Father Forcing His Daughter to Marry is Forbidden


Question :
I have a sister from my father and he gave her in marriage to a man without asking her opinion when she was twenty-one years of age. The witnesses testified falsely in the marriage contract, saying that she agreed, and her mother signed the married document on her behalf. In this way, the marriage was completed, while she still rejected it. What is the ruling on this contract and the false witness (therein)?

Answer :
If this sister was a virgin and her father forced her to marry this man, some of the scholars hold the marriage is valid. They hold the view that the father may force his daughter to marry a man whom she does not want, if he is suitable.
But the strongest opinion in this matter is that it is not permissible for the father, or anyone else, to force a girl to marry someone she does not want to, even if he is suitable. This is because the Prophet Peace Be Upon Him said:
The virgin must not given in marriage until her permission has been sought.
"The virgin must not given in marriage until her permission has been sought."
Al-Bukhari no. 5136 and Muslim no. 1419.
This is general, so no guardian is excepted from it. In fact, it has been reported in Sahih Muslim:
The father must seek the virgin's permission.
"The father must seek the virgin's permission."
Muslim no. 1421.
So the virgin and the father have been specified. This is specified in cases of disagreement, and so it must be acted upon. Based upon this, a man's compelling his daughter to marry a man whom she does not want to marry is forbidden.
The Lawgiver (i.e., Allah) has prohibited it, so He does not want the (Muslim) community to be involved in it, nor to practice it. And if we declare it to be valid, it means that we are involved in it, and we are practicing it, and giving it the status of those contract which the Lawgiver has permitted. This is something that cannot be.
Therefore, the strongest to a man whom she does not want, is an unlawful marriage, and the contract is unlawful. So it must be examined by the Court.
As for one who supplies false witness, he has committed a major sin, as confirmed by the Prophet Peace Be Upon Him who said:
Shall I not inform you of the greatest sins.
"Shall I not inform you of the greatest sins."
At-Tirmithi no. 2301.
And he mentioned them while he was reclining, then he sat up and said:
And I warn you against false speech, and I warn you against false speech. Rather: False testimony.
"And I warn you against false speech, and I warn you against false speech. Rather: False testimony."
Al-Bukhari no. 2654 and Muslim no. 87.
- and he continued to repeated it, until we wished that he would be silent.
So these false testifiers must turns to Allah in repentance and retract their testimony. Likewise the mother, since she signed on behalf of her daughter un truthfully, she was sinned by that, and she must turn in repentance to Allah and she must not do such a thing again.
Ibn 'Uthaimin



Tags : baap, father, beti, daughter, shadi per majboor kerna, forcing to marry
 
 

This question is on 279 page in Fatawa Islamiyah book.


Book Publisher Saudi Arab

http://www.dar-us-salam.com/
POBOX: 11416 Saudi Arab
Phone: 0096614043432
Email: riyadh@dar-us-salam.com
Book Publisher Pakistan

http://www.darussalampk.com/
36 Lower Mall, Lahore
Phone: 00924237324034 Email:info@darussalampk.com