Parents forcing a girl to get married

Q:

  1. A girl was forced to accept a boy for Nikah. She was threatened to be killed by her parents if she refused and thus she accepted verbally and in writing against her will. She was not happy about the boy. After the Nikah she was forced to go live with him. After some time living with him she is still not happy about him. Was the Nikah valid? If not, then was all the time that was spent together (seclusion, talking, touching, etc…) considered sinful on both the boy and the girl? What should the girl do in this situation now? Is it Wajib for her to separate from him? What should the boy do if he finds out now that the girl was forced into the Nikah against her will?
  2. In another scenario the girl was not threatened to be killed, but instead she was pressured by her parents and other relatives and she thus accepted verbally and in writing under their pressure to make them happy. However she herself was not happy with the Nikah. After the Nikah she was pressured to go live with him. After some time living with him she is still not happy about him. Was the Nikah valid? If not, then was all the time that was spent together (seclusion, talking, touching, etc…) considered sinful on both the boy and the girl? What should the girl do in this situation now? Is it Wajib for her to separate from him? What should the boy do if he finds out now that the girl was pressured into the Nikah and she is not happy with him?
  3. If in scenario 1 the girl becomes happy with the boy after living with him for some time is the original Nikah still valid? Do they have to re-do the Nikah?
  4. If in scenario 2 the girl becomes happy with the boy after living with him for some time is the original Nikah still valid? Do they have to re-do the Nikah?

bismillah.jpg

A: The nikaah was valid. However, the parents have committed a major sin of forcing the girl against her will. She will not be living in zina and fornication.

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

ويندب إعلانه وتقديم خطبة وكونه في مسجد يوم جمعة بعاقد رشيد وشهود عدول… ( وينعقد ) ملتبسا ( بإيجاب ) من أحدهما ( وقبول ) من الآخر… ومن شرائط الإيجاب القبول اتحاد المجلس لو حاضرين… ( وشرط سماع كل من العاقدين لفظ الآخر ) ليتحقق رضاهما ( و ) شرط ( حضور ) شاهدين ( حرين ) أو حر وحرتين ( مكلفين سامعين قولهما معا ) على الأصح (الدر المختار 3/ 23-28)

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)