Islam teaches that consent from
both man and woman is a must before a marriage can take place. The Qur’an states
“O you who have believed, it is not lawful for you to inherit women by
compulsion…” (4:19). The Sahih al-Bukhari, one of the most revered sources of
hadith (Islamic practice) amongst Islamic scholars, reports the Prophet Muhammed
(Peace Be Upon Him) as saying: “The widow and the divorced woman shall not be
married until her order is obtained, and the virgin girl shall not be married
until her permission is obtained.” (Bukhari, 67:42). The next chapter of the
Sahih al-Bukhari states: “When a man gives his daughter in marriage and she
dislikes it, the marriage shall be repudiated” (Bukhari, 67:43), with further
hadith providing examples of the Prophet Muhammed (Peace Be Upon Him) cancelling
such marriages in which the daughter’s consent was not sought.
Therefore, a forced marriage is not an issue of religion, but it is a cultural
practice that violates your right as a woman and as a Muslim. The act of forcing
someone to marry is in fact an act that is against the practices and teachings
of Islam.
Allah Almighty said in the Noble Quran: “O ye who believe! Ye are forbidden to
inherit women against their will. Nor should ye treat them with harshness, that
ye may take away part of the dower [money given by the husband to the wife for
the marriage contract] ye have given them, except where they have been guilty of
open lewdness; on the contrary live with them on a footing of kindness and
equity. If ye take a dislike to them it may be that ye dislike a thing, and God
brings about through it a great deal of good. (The Noble Quran, 4:19)”
Unlike secular law, marriage within the ambit of Islam is not only a civil
contract but a religious and spiritual contract between two people – which must
be entered into freely and with mutual consent. According to Islamic custom,
parents and guardians have specific rights in this matter; to arrange the
marriage ceremony and conduct it as a respectful family event; give their advice
and recommendation for a life partner for their children. These rights are
encapsulated within the philosophy of ‘willayah’. However, Islam does not allow
parents, guardians or other relatives to enforce their will or choice on a boy
or a girl since it is they who are the real parties to that contract. The right
to exercise free will and consent in choosing a spouse is a God given right.
This is also clearly evident from important commandments given by the Holy
Prophet (PBUH) in numerous Hadith, which lay down the foundational principles of
formulating a marriage contract. In the Sahih Al-Bukhari, for example, a chapter
in the book of marriage has been given the heading: “No father or mother or any
close relation can force his/her children to marry anyone against their free
will and consent”.
Within this chapter Abu Hurairah transmits from the Holy Prophet (PBUH) who
said: “No female whether a widow or divorcee will be forced to marry anyone
unless her express and categorical consent has been freely taken and in the same
way a woman not previously married can never be forced to marry anyone unless
her free consent and permission is taken”.
Imam Bukhari has set another chapter heading within the book of marriage: “If
parents force their daughter to marry someone against her wish then the marriage
will be void”.
Under this chapter Imam Bukhari reports a Hadith of the Holy Prophet (PBUH) from
Khansa Bint e Hizam Al Ansariyah. She states that her father married her off to
someone forcefully whom she did not like. She took her case to the Holy Prophet
(PBUH) and upon listening to her; the Holy Prophet (PBUH) rejected the marriage
and declared the marriage as void”.
In another Hadith in the Sahih of Imam Bukhari it is narrated by Abdullah Ibn
Abbas (r.a.d) that the Holy Prophet (PBUH) said that if a woman wants to marry
and is already a divorcee or widow, her right of free consent and free choice is
superior then the right of her guardian. If she is not previously married and
this is her first marriage even then her parents or other guardians cannot
enforce their choice on her. They are not allowed to force her to marry any one
against her free choice and free consent.
It is thus clearly apparent that forced marriages are totally unacceptable in
Islam. Islamic commandments as mentioned above are very categorical in nature.
Those who invoke Islam in order to their actions do so for ulterior
motives. There is a need to educate all and sundry on these issues. In most of
the cases, forced marriages are the result of monetary gains, local and tribal
traditions and caste affiliations. Strict legislation accompanied by media
awareness campaign could be helpful in stemming the trend of the forced
marriages.