I know forced marriage is not permissible. But many people say that as long as the bride agrees with the marriage contract, and says qabul three times, the marriage is valid. But, what if the bride’s father (or any other Wali) threatens her by saying that he would kill her or himself (happens a lot in the country I live) or forces her by beating her (doesn’t happen that often but there are exceptions)? Can the woman annul her marriage?
-
1Well you've already answered your question a forced marriahe by default is not valid. The question none can answer will such a woman (or will she be able or have the courage to) seek help and annul her marriage? Because the longer she remain in such a marriage the more difficult her position might become. The issue her is rather a cultural thing and has relation to Islam to some extent (obedience of the parents).– Medi1Saif ♦Sep 11, 2021 at 20:59
-
@Medi1Saif my question is that what if she is forced to agree to the marriage contract and say “qabul” three times– Ma148Sep 12, 2021 at 8:31
-
Well that is a forced marriage or how would you interpret it? And why should it be any different.– Medi1Saif ♦Sep 12, 2021 at 9:25
Add a comment
|
1 Answer
In the name of Allah (God in Arabic), the most gracious and the most merciful. I am neither a scholar and by no means eligible to give any fatwa. I speak from the little knowledge that Allah has given me. You should disgard my answer if you find any issues with it.
In the first part of Surah Nisa ayat 19 [4:19], Allah says
O ye who believe! Ye are forbidden to inherit Women against their will. Nor should ye treat them with harshness, that ye may take away part of the dower ye have given them ....
As per my understanding of this situation - Forcing the woman either physically or emotionally (blackmailing) to agree for the marriage is against the will of the woman. The woman has the right to annul this marriage. If the father is not willing to do this, the husband, the Qazi (the one who performs the marriage) and the people who were witnesses in this marriage are obliged to help her (If they truly have takwa).
As far as obedience to parents comes, it comes only after to the obedience to Allah. An example of this comes in surah luqman ayat 15 [31:15]
But if they (parents) strive to make thee join in worship with Me things of which thou hast No knowledge, obey them not, Yet bear them company In this life with justice (And consideration), and follow the way of those who turn to Me: In the end the return of you is to Me, And I will tell you All that ye did.
Shirk has different shades. One of this shade is following our desire which goes against the word of Allah. This is described in first part of surah Jathiya ayat 23 [45:23]
Then seest thou such a one as takes as his god his own Vain desire? ...
The question is - Does the father, the husband and other people in this marriage really believe that Quran is the word of Allah? Do they really fear Allah and the day of judgement? Or are they just following something due to fear of people/culture. Remember, only Allah should be feared and not the people/tradition.
Allah knows best.
