What do the scholars of the Dīn and muftīs of the Sacred Law state regarding the following issue: If our parents force us to marry someone whom we do not wish to marry, can they conduct our Nikāh forcefully? Is it permissible for us to marry someone by our choice, even if our decision to do so goes against that of our parents?
Questioner: Jabbar from UK
بسم اللہ الرحمن الرحیم
الجواب بعون الملک الوھاب اللھم ھدایۃ الحق والصواب
Parents cannot marry off their adult male and female children without their consent. If the parents try to marry off their children without their consent, then the Nikāh is dependent on the decision of the latter. If the children agree to it, the Nikāh is valid, and if they reject it, the Nikāh is invalid, just as it is mentioned in al-Fatāwā al-Hindiyyah that,
“لَا يَجُوزُ نِكَاحُ أَحَدٍ عَلَى بَالِغَةٍ صَحِيحَةِ الْعَقْلِ مِنْ أَبٍ أَوْ سُلْطَانٍ بِغَيْرِ إذْنِهَا بِكْرًا كَانَتْ أَوْ ثَيِّبًا فَإِنْ فَعَلَ ذَلِكَ فَالنِّكَاحُ مَوْقُوفٌ عَلَى إجَازَتِهَا فَإِنْ أَجَازَتْهُ؛ جَازَ، وَإِنْ رَدَّتْهُ بَطَلَ“
“Nobody can conduct the Nikāh of a sane and mature woman without her permission, not even her father or the Islamic ruler; be she a virgin or not. If someone tries to marry her off without her consent, then the Nikāh is dependent on her decision. If she agrees to it, the Nikāh is valid, and if she rejects it, the Nikāh is invalid.”
[al-Fatāwā al-Hindiyyah, vol 1, pg 287]
Bahār-e-Sharī’at mentions the ruling regarding both a man and a woman as follows; that nobody can conduct the Nikāh of a sane and mature woman without her permission, not even her father or the Islamic ruler; be she a virgin or not. Similarly, nobody can conduct the Nikāh of a free mature man or male and female slaves liberated through bond, without their consent.
[Bahār-e-Sharī’at, vol 2, part 7, pg 47]
Adult males and females have permission to marry whom they wish. If it is done with the willingness of parents, then it has blessings and mercy in it. Thus, we should not make decisions which go against those of our parents.
واللہ تعالی اعلم ورسولہ اعلم صلی اللہ علیہ وآلہ وسلم
کتبہ ابو الحسن محمد قاسم ضیاء قادری
Answered by Mufti Qasim Zia al-Qadri
Translated by the SeekersPath Team
Read the original Urdu answer here – [Q-ID0337] What does Islam say about forced marriages? Are such nikahs valid?