Is it permissible for parents to force their daughter into marrying a man she doesn't want to marry? Is the marriage valid, and can she get a divorce?

Question

My question is regarding forced marriage of one of my friend. She blindly believed her parents and they selected a guy for her. This all started with a lie regarding age and looks. She was first shown a photograph which was a bit older, she agreed and settled down for the engagement. From the day of engagement when she finally saw him, he is 36 year old full grown man and she is 24, she just can't imagine herself with him, plus they have nothing in common. Not a single thing.

From last 2 years she is crying and shouting not to get married but no one listened. Sometimes, everyone kept on shouting at her. Sometimes, they totally stopped talking to her. She tried her best not to get married but eventually was forcefully married just because of these circumstances. Now while she is married she can't even look towards her husband; she fears him. They both have nothing in common. She is drowning. Everyone has disowned her sister. Her mother keeps shouting at her every time. She says she can never live being his wife. Everything was done forcefully. Is this right or wrong?

It's been 2 years in which she has been shouting not to get married. Even before the nikah and haldi, she cried and tried to console everyone but no one listened. Is this marriage valid?

Can a girl ask for divorce?

Can they both live like husband and wife? As I've researched everywhere it shows this is invalid because the girl was not happy and was forced. She has a certain fear from him and she is scared if he'll force her into things, like getting intimate.

Answer 1

It is a horrible story and it is entirely not valid if she was 24 at the time. Her consent is mandatory.

See this link for extensive references.

She was in a state to say no and she repeatedly said so, the marriage is not valid.

I don't know what country she is in, but I would advice going to the authorities. Or find an imam to side with her.

Answer 2

In his sharh of Sahih al-Bukhari. Ibn Battal (al Maliki) said: the majority of the scholars consider forced marriage as invalid قال ابن بطال : ذهب الجمهور إلى بطلان نكاح المكره. So the fatwa i added as a reference you'll find that it is haram for parents to force their daughters to marry somebody they don't want or like.

You could also check sahih al-Bukhari to find that the Messenger of Allah (peace be upon him) himself made such a marriage invalid and said that woman should be consulted for their marriage!

Nevertheless some madhabs and scholars permit some kind of these marriages especially for very young girls, assuming that parents won't make a bad choice for their daughters! But they won't consider it as wrong if these girls (later) went to court to invalidate their marriage (by khula'), as they haven't been consulted before the nikah was consummated! That's the legal part so far (For how this could be done see this answer)

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The practical part could be more difficult and is a hard to solve problem and could be answered with differently as this would be an opinion-based answer. I neither know the circumstances nor the customs of your country or whether there is an Islamic court or not. And i think i am not the right person for such an advice but here are some options:

• Go to court ask for divorce would be the legal choice.

• Try to convince at least one of the parts husband or parents should be the best options as i guess she can't live alone as she might have no earnings etc. (so a divorce via court might create more difficulties and only solve the actual problem).
  Especially with the parents the indication that they did or do something haram could be useful/helpful!

• And maybe (this is more a hope) she could convince them with a reference like the one i added above or the fatwa as stated!

• Or use the help of a more or less neutral, but respected or accepted person like a relative!

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I also found a fatwa about forced marriage here! And according it she couldn't get married until she was divorced by the court if there has been a akd an-Nikah!
On the other hand if marriage was not consummated and there was no chance to do so (for example husband and wife have had the chance to be alone (even) for a while) then if she got divorced (by faskh in the example, maybe the case here could be a bit different) she has not to await any 'idah, according this Arabic fatwa!

And Allah knows best!

Answer 3

Parents forcing their child to marry someone he/she didn’t like is haram in Islam.