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Forced Marriage

Answered as per Hanafi Fiqh by Askmufti.co.za
Q: I am 26 year old girl and I was forced to get married to my cousin in Pakistan when I was 20 so that he can come to England and I was not happy with it. At the time of the nikkah (marriage) the molvi only asked me to recite six kalimas. He didn’t ask for my permission if I want to get married to the guy or not. I stayed there for two weeks and I didn’t have any physical relationship with my cousin. The purpose of this marriage was only to get him to England. It was clear in the family that when he comes here we will get a legal divorce. when I came back from Pakistan after the wedding I told the home office that I’m not happy with the marriage and they rejected his visa to come to England. Now its been six years and he still hasn’t got the visa so far. I am stuck in this situation and its really stressful and having a negative impact on my life. Is my nikkah valid as I was never asked if I want to marry the guy and never had any physical relationship?
A: Since you were not happy to marry this person, nor was your permission asked, this nikaah was pending your permission. After the nikaah had been solemnised, neither did you give permission nor did you do anything that indicated your consent, such as going to live with the groom. You now state that you do not agree or consent to marry this boy, your nikaah is therefore, null and void.
And Allah Knows Best
Moulana Naziem Moosagie
Checked and approved by: Mufti Siraj Desai

This answer was collected from AskMufti.co.za, which is operated under the supervision of Mufti Siraj Desai of Darul-Uloom Abubakr, South Africa.

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