Transcript Forcing a woman into an unwanted marriage

Is forcing a woman into an
unwanted marriage allowed?
Does having a waliy mean forcing a
woman into an unwanted marriage?
• Cultures and media confuse having a waliy and
forcing women into an unwanted marriage.
• Scholars agree that a waliy may not force the
woman into an unwanted marriage.
• Based on the hadith in sahih AlBukhari that
‫الخنساء بنت خدام األنصارية‬, who was not a virgin, was
forced by her father into a marriage she did not
want, so she came to the prophet peace be upon
him and he returned her marriage.
Major hadith on forced marriages
• Sayida Aysha had a girl enter her home and said: “my
father had forced me into marrying his nephew, to life
his lack of man hood ‫خسيسته‬, and I hate it, she told her:
sit, until the prophet peace be upon him comes. When
the prophet peace be upon him came, she told him
what had happened, and called onto her father to
come, and ordered that her marriage would be up to
her.
• So she said: I have approved what my father has done,
but want people to know that their waliys’ do not have
the right to overcome them.”
• All contracts are invalid if they are under compulsion
What if she was forced?
• She has the right to tell the judge of her
disapproval, and the judge will not force her.
• She can ask for divorce, or khulu’ if the
marriage had taken place.
• The judge may separate between them, if it
was proven that she was forced.
What if she later approved the
marriage which she was forced in?
• The marriage is approved
• Other scholars do say that the contract must
be redone.