The World Federation One Stop Fiqh
Search
Menu

Ask an Alim

Forced Marriage

Q:

Salam, if your parents knew you wanted to marry someone, but did not approve of them, and they force you to marry someone else by saying they will disown you, they will kick you out, your dead to them if you marry the person you want, and manipulate you by saying stuff like your going to end up on the street with him and you have no option but to marry the person they choose, because its too late now, its all arranged…and you plead with them, beg them and you cry and they dont do anything – is this nikkah valid? Even though the imam didn’t see that. If not as the nikkah was made out of fear and cohersion, then what happens now? How do you break this? Can you do a second nikkah with the person you want? Or do you have to divorce?

A:

Waalykum salam.

From your email I assume you are a female?!

If you are: Your consent for marriage is very crucial. if you had disagreed then, the entire nikkah was void. but since you went ahead with it and now you’re married, your marriage and nikah is correct.

You can only break away from this Nikah if your husband agrees to divorce you.

You can only remarry after you have broken away from your first marriage, and sat for your I’dah.

The above is from an Islamic law perspective.

Ethically, it would be a shame to breakaway from a marriage especially if the man is good.

Good luck
Naajiya.S.jaffery