Create an account
The Q&A section is no longer active in taking new questions. We would like to thank every person who trusted us in providing reliable and accurate answers to questions and problems. Due to lack of time available from the Ulamaa in the UK, we are unable to continue with this service.
The section will however remain available as an archive of previously answered question. To ask new questions, please consider the Q&A support section on the forum where members can assist in locating available answers from Ulamaa.

force marriage

Last updated: 30th October 2005
Question ID: #997
Short URL: http://qa.muftisays.com/?997
Printer Friendly Version Email this page
mirfan
30th October 2005

 
please answer my question as soon as possible.
I am living in UK for last 6 years. while i was studying here i liked one girl, instead of meeting her alone i send message through my family to her father. first her father refused and threatened me to kill. but i asked him that in islam women have full right to exercise her own will. after lot of discussions when her knew that he had no alternative then he accept that and promised me that he will merry us in 3/4 months.
he deceived us, he not only emotionaly blackmale her daughter but alse brought her back to pakistan to merry her to his relative. because he knew that in Norway and UK he couldn't do this.
he merried her without her without her will and brought back her back to norway. his father got the visa for his realtive and brought him back to Norway. there in Norway there was lot of fights with that guy and her father.
then she left her father house and we married. i spoke with her father after that and he accepted me as a son in law. but refused to meet me.
now we have a son and we also got divorced confirmation from Norwegian goverment.
i would liek to remind you one hadiss here:
Marriage (Kitab Al-Nikah), Book 11, Number 2090)"
Narrated Abdullah ibn Abbas: "A virgin came to the Prophet (peace_be_upon_him) and mentioned that her father had married her against her will, so the Prophet (peace_be_upon_him) allowed her to exercise her choice. (Translation of Sunan Abu-Dawud,
now i would like to know that is our marriage is valid or not according to islamic law. i would like to add here that they never slept together. and she never accepted her as her husband from heart. she also told me that she was so young so her fatehr played with her childish mind and emotionaly blackmale her.

i beg you that please answer me question as soon as possible.

Thank you




Answer
Ulamaa
Ulamaa ID 03
Answer last updated on:
14th November 2005
Answered by:
Ulamaa ID 03
Website
Location: UK

Bismihi Ta'aalaa


According to the Hanafi Mazhab, the father does not have the authority
to marry her physically mature daughter without her consent. If he does
so, the Nikah will not be valid.

However, if the girl succumbs to her guardians pressure and gives her consent, the marriage will be considered valid.


Therefore, in your case if her father had married her without her
consent, her Nikah was invalid and subsequently your marriage to her
was correct.


However, if her father had pressurised her to the extent that she had
given her consent, then the Nikah was valid in Shari'ah. If this was
the case, your Nikah to her was not valid as she was still in her first
husband's Nikah. Therefore, it will be incumbent upon you to get a
shar'ee divorce from him and allow her to pass through her Iddah
(waiting period) before you can marry her.

Allah (SWT) Knows Best.