Forced Marriages

Imam Ibn Taymiyyah
Fatwaa from “Al-Masaa’il ul-Maardeeniyyah”
Translated by Aboo `Abdillaah Muhammad al-Jibaalee
Hudaa, November 1995
http://islaam.com//Article.aspx?id=405
slaam.com Fiqh

May a father force his virgin daughter who attained puberty to marry? Two well-known opinions in

this regard are reported from Ahmad:
1. That he may compel her. This is also the opinion of Maalik, ash-Shaafi`ee, and others.
2. That he may not. This is also the opinion of Aboo Haneefah and others, and is the correct
one.

People have differed as tot he reason permitting the compulsion: whether it is virginity, the
daughter being under-aged, or a combination of both. The closest opinion to the truth is her being
under-aged, whereas no one can compel a grown-up virgin in marriage. Aboo Hurayrah,
radhiallahu `anhu reported that the Prophet, sallallahu `alaihi wa sallam, said:
"A non-virgin woman may not be married without her command, and a virgin may not be
married without her permission; and enough permission for her is to remain silent
(because of her natural shyness)." [Al-Bukhaaree, Muslim, and others]
Thus the Prophet, sallallahu `alaihi wa sallam, prohibits forcing a virgin in marriage without her
permission, whether it be her father or someone else. Furthermore, `Aa';ishah, radhiallahu
`anhaa, said that she asked the Prophet, sallallahu `alaihi wa sallam, "In the case of a young girl
whose parents marry her, should her permission be sought or not?" He replied, "Yes, she must
give her permission." She then said, "But a virgin will be shy, O Allaah’s Messenger." He
answered:
"Her silence is [considered as] her permission." [Al-Bukhaaree, Muslim, and others]
This applies to the father as well as others. Furthermore, Islaam does not give the father the right
to use any of her wealth without her permission, how then could he be allowed to decide, without
her permission, how her body (which is more important than her wealth) is to be used, specially
when she disagrees to that and is mature to decide for herself?

Also, there is evidence and concensus in Islaam to restrict an underage person’s free control of
his wealth or person. However, to make a virginity a reason for the restriction contradicts the
Islaamic basis.
As for the difference between the non-virgin and virgin in the hadeeth of the Prophet, sallallahu
`alaihi wa sallam, it is not a differentiation between compulsion and non-compulsion; the
difference between the two cases is that (a) the former gives her instructions for the marriage
whereas the latter gives permission, and that (b) the virgin’s silence counts as a permission. The
reason for this is that a virgin would be shy to discuss the matter of marriage, so she is not
proposed to directly; rather, her walee (guardian) is approached, he takes her permission, and
then she gives him the permission not the command to marry her.

And as for a non-virgin, she would not have the shyness of virginity anymore; thus she can
discuss the matter of her marriage, she can be proposed to, and she gives the command to her
walee to perform the marriage, and he must obey her.
Thus the walee is command-executor in the case of the non-virgin, and is permission-seeker in
the case of the virgin. This is what the Prophet's words indicate. As for compelling her to marry
despite her loathing to do so, this would contradict the fundamentals and reason. Allaah ta`ala did
not permit a walee to force her to sell or rent her property without her permission. Neither did He
permit him to force her to eat or drink or wear that which she does not wish. How would He then
oblige her to accompany and copulate with a person whose company she hates - at the time
when Allaah ta`ala has sent between the two spouses love and mercy? If such company happens
despite her hatred and repulsion, where is the love and mercy?

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