Home » Hanafi Fiqh » Muftionline.co.za » Forced Marriage and the Validity of Nikah Without Full Consent

Forced Marriage and the Validity of Nikah Without Full Consent

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I was forced to marry a person whom I did not like. I told my mother many times that I dont want to marry this person but my family was not willing to call off the marriage. One night before the nikah I consumed sleeping pills with intention of commuting suicide (Astagfirulkah). The next day I was under the influence of medicine and I don’t remember anything. During my subconscious state my nikah was done with the boy. I was not in my complete senses. I informed my husband about the suicidal step that I have taken and that I don’t want to live with him. Is this Nikah valid as my consent was not given in complete consciousness.

Bismillaah

A: If you cannot remember giving consent to the nikaah, due to being under the influence of the medication, the nikaah is not valid.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

Read answers with similar topics: