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Would the Nikha be Valid , if the girl is forced to accept?

Q:

Asalam o Alaikum
Sir I want to know if Parents of a girl force her on gun point to say YES to nikkah although she is not accepting it her  by heart.
Would the Nikha be valid.

 

A:

Wa Alaykumussalam

Thank you for your question

I do not know your particular scenario but will answer according to the Islamic Law.

I will mention some of the conditions of marriage according to Ayatullah al-Udhma Sayyid Ali Sistany:

Ruling 2389. A marriage contract must fulfil the following conditions [in order for it to be valid]:

Point 5. the man and the woman must consent to the marriage. However, if they appear to disapprove but it is known that in their hearts they consent, the marriage contract is valid.

Ruling 2392. If a woman is wedded to a man without their consent and afterwards the man and the woman consent to the marriage, the marriage contract is valid. Furthermore, for their consent [to be understood], it is sufficient that they say something or do something that conveys their consent.

Ruling 2393. If a man and a woman, or one of them, is compelled to marry, and after the marriage contract has been concluded they consent to it in the manner that was mentioned in the previous ruling, the contract is valid. It is better, however, that the contract be concluded again.

https://www.sistani.org/english/book/48/2330/

If the girl is really forced and accepts to marry, whom her father wants her to, whereas she doesn’t want to marry, then the nikah is invalid.

So, the girl’s consent is one of the conditions for the Nikah to be valid along with her father’s consent.

https://www.islamquest.net/fa/archive/question/fa11885

Sometimes, we see there are some cases where the girl falls in love with a boy, but her parents do not want her to get married to that particular boy due to which she is married somewhere else with or without her consent.

These things should be discussed between the children and parents in order not to make the marriage difficult. We should not forget that father’s consent is necessary for a girl if she is dependent and virgin.

Question: If a woman is over thirty years of age, and still virgin, is it necessary for her to seek the permission of her guardian for marriage?

Answer: If she is not independent, it is obligatory on her to seek his consent. Rather, even if she is independent, she must seek his consent, as a matter of compulsory precaution.

https://www.sistani.org/english/qa/01284/

May Allah(swt) grant you success

Wassalam,

Syed Haider