Fatwa ID: 06888
Answered by: Maulana Abdul Malik
Question:
A woman appointed a wakeel so that she may marry a particular man. More than a month passed and no nikah took place yet. During this duration, she changed her mind about the nikah and informed the groom directly about her change of opinion. She did not have the contact details of the wakeel to inform him, so he remained unaware.
The male’s side refused to accept her change of mind and simply brought the wakeel to perform the nikah without informing him about the woman’s change of mind.
The woman is refusing to accept the marriage and no rukhsati has taken place. The man refuses to divorce her.
Did the marriage take place?
If yes, what options does the woman have while the man refuses to divorce her?
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
The marriage of a mature woman cannot be contracted without her consent.
A mature woman’s pleasure and permission are one of the requirements for a marriage contract to be legal. She cannot be coerced into getting married against her will. (Al Fatawa al Hindiyyah pg, 297, vol 1)[1]
Khansa’ bint Khidam Al-Ansariya narrated: That her father gave her in marriage when she was a matron and she disliked that marriage. So she came and (complained) to the Prophets and he declared that marriage invalid. (Sahih al Bukhari, hadith # 6945)[2]
`Aisha narrated: I asked the Prophet, “O Allah’s Messenger (ﷺ)! Should the women be asked for their consent to their marriage?” He said, “Yes.” I said, “A virgin, if asked, feels shy and keeps quiet.” He said, “Her silence means her consent.” (Sahih al Bukhari, hadith # 6946)[3]
Given the foregoing, it is unlawful to marry a woman against her will. As a result, in the case described, if the woman decided against marrying the groom after providing her wakeel permission. It is incumbent on them to communicate that information to the wakeel and not carry out the marriage without her approval if she was unable to communicate it to him before the wedding and she informed the groom and his family that she is no longer consenting to the union.
[1] ومنها: رضا المرأة إذا كانت بالغة بكرا كانت أو ثيبا فلا يملك الولى إجبارها على النكاح عندنا كذا في فتاوى قاضيخان
[2] عَنْ خَنْسَاءَ بِنْتِ خِذَامٍ الأَنْصَارِيَّةِ، أَنَّ أَبَاهَا، زَوَّجَهَا وَهْىَ ثَيِّبٌ، فَكَرِهَتْ ذَلِكَ، فَأَتَتِ النَّبِيَّ صلى الله عليه وسلم فَرَدَّ نِكَاحَهَا.
[3] عَنْ عَائِشَةَ ـ رضى الله عنها ـ قَالَتْ قُلْتُ يَا رَسُولَ اللَّهِ يُسْتَأْمَرُ النِّسَاءُ فِي أَبْضَاعِهِنَّ قَالَ ” نَعَمْ ”. قُلْتُ فَإِنَّ الْبِكْرَ تُسْتَأْمَرُ فَتَسْتَحِي فَتَسْكُتُ. قَالَ ” سُكَاتُهَا إِذْنُهَا ”.
Only Allah Knows Best
Written by Maulana Abdul Malik
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
