May
a father force
his virgin
daughter who
attained puberty
to marry?
Two well-known
opinions in
this regard
are reported
from Ahmad:
-
That
he may
compel
her.
This
is also
the
opinion
of Maalik,
ash-Shaafi`ee,
and
others.
-
That
he may
not.
This
is also
the
opinion
of Aboo
Haneefah
and
others,
and
is the
correct
one.
People
have differed
as to the
reason permitting
the compulsion:
whether it
is virginity,
the daughter
being underaged,
or a combination
of both. The
closest opinion
to the truth
is her being
underaged,
whereas no
one can compel
an adult virgin
in marriage.
Aboo Hurayrah,
radhiallahu
`anhu, reported
that the Prophet,
sallallahu
`alaihi wa
sallam, said:
"A
non-virgin
woman may
not be married
without her
command, and
a virgin may
not be married
without her
permission;
and enough
permission
for her is
to remain
silent (because
of her natural
shyness)."
[Al-Bukhaaree,
Muslim, and
others]
Thus the prophet
(PBUH), prohibits
forcing a
virgin in
marriage without
her permission,
whether it
be her father
or someone
else. Furthermore,
`Aa';ishah,
radhiallahu
`anhaa, said
that she asked
the Prophet,
sallallahu
`alaihi wa
sallam, "In
the case of
a young girl
whose parents
marry her,
should her
permission
be sought
or not?" He
replied, "Yes, she must give her permission." She
then said,
"But a virgin
will be shy,
O Allaah’s
Messenger."
He answered:
"Her
silence is
[considered
as] her permission."
[Al-Bukhaaree,
Muslim, and
others]
This
applies to
the father
as well as
others. Furthermore,
Islam does
not give the
father the
right to use
any of her
wealth without
her permission,
how then could
he be allowed
to decide,
without her
permission,
how her body
(which is
more important
than her wealth)
is to be used,
specially
when she disagrees
to that and
is mature
to decide
for herself?
Also,
there is evidence
and consensus
in Islam to
restrict an
underage person’s
free control
of his wealth
or person.
However, to
make a virginity
a reason for
the restriction
contradicts
the Islamic
basis.
As
for the difference
between the
non-virgin
and virgin
in the hadeeth
of the Prophet,
sallallahu
`alaihi wa
sallam, it
is not a differentiation
between compulsion
and non-compulsion;
rather, the
difference
between the
two cases
is that
(a)
the former
gives her
instructions
for the marriage
whereas the
latter gives
permission,
and that
(b) the virgin’s
silence counts
as a permission.
The
reason for
this is that
a virgin would
be shy to
discuss the
matter of
marriage,
so she is
not proposed
to directly;
rather, her
walee (guardian)
is approached,
he takes her
permission,
and then she
gives him
the permission
not the command
to marry her.
And
as for a non-virgin,
she would
not have the
shyness of
virginity
anymore; thus
she can discuss
the matter
of her marriage,
she can be
proposed to,
and she gives
the command
to her walee
to perform
the marriage,
and he must
obey her.
Thus
the walee
is command-executor
in the case
of the non-virgin,
and is permission-seeker
in the case
of the virgin.
This is what
the Prophet's
words indicate.
As for compelling
her to marry
despite her
loathing to
do so, this
would contradict
the fundamentals
and reason.
Allaah ta`ala
did not permit
a walee to
force her
to sell or
rent her property
without her
permission.
Neither did
He permit
him to force
her to eat
or drink or
wear that
which she
does not wish.
How would
He then oblige
her to accompany
and copulate
with a person
whose company
she hates
- at the time
when Allaah
ta`ala has
sent between
the two spouses
love and mercy?
If such company
happens despite
her hatred
and repulsion,
where is the
love and mercy.
