Ruling of forced marriage

Question :

What is the ruling on forced marriages and is the sister permissible to leave her family home if she is being oppressed by her family and they are not practicing and if she is allowed to get married again?

Answer :

The Shaykh may Allah preserve him said that it is not permissible for the women to be forced into marriages without her consent, it’s a must that her consent is sought and the Shaykh hafidahullah mentioned the hadeeth in Saheeh Al Musnad of Shaykh Muqbil rahimahullah that a woman from the sahabiyaat radiyallahunna that she said that my father married me off to a man who I was not pleased with in order to pay off his debt. So I took this to the messenger of Allah sallallahu alayhi wa sallam, so he gave me the choice of either being pleased with the marriage or making the marriage void so she said in the end that I was pleased with that which my father had done, but however I did this in order to make the women know that the father’s have nothing to do, they have no involvement in this case meaning rather the consent, it’s a must that her consent is sought and the Shaykh said so it’s a must be that her consent is sought and if the father wishes to marry her off to someone she’s not pleased with then she has the right to refuse him however if that act the nikah has taken place and is already been done and the man has entered upon her and is living with her then it’s not for her to try to refuse and marry someone else rather these rulings have already taken place and their engaged and their in contact rather it’s a must now that some kind of a divorce is sought and so forth so its not a must that after the contract has been done and the marriage ceremony has been completed that she runs off and marries someone else no no rather the engagement is intact so it’s a must that she get some kind of a divorce.

As for her leaving her house then this is not correct that she leave the house and where is she going to go its feared for her that more harm may come about in her leaving the house.

Answered by : Shaykh Abu Ishaaq Al Qaisee

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