Islamic Shariah and Divorce
Forced Marriage and Islam
Assalam o Alaikum,
I want to ask about Nikah in Islam. Actually, a girl was forced (on gunpoint) to do Nikah by her parents by saying to her if she didn't sign on the Nikah, they will kill themselves. So she signed, fearing the loss by death of her father or mother, and married a boy whom she never intended to do Nikah with at any cost.
After two months, there is a meeting with the boy's parents. They agreed to give a divorce to her as soon as possible at the will of girl, because she never agreed to this relationship. They said the girl has to wait for six months for the divorce, according to rules of law and Islam.
Now more than three months has passed from the day of Nikah.
Q1.Is it a valid Nikah in the view of Islamic Shari-ah, although the girl never accepted it by herself (niyyat nahi ki)?
Q2. If it is not a valid Nikah, then how she should get rid of this agreement as soon as possible, as society sees it as Nikah fulfilled (although her parents are still not with her to end this proposed relationship)?
Q3. The quote made by boy parents that she has to wait for six months for the divorce, according to Law is it right?
Q4. How we can put an peaceful end to this Nikah?
from a friend of hers.
Assalam o Alaikum,
-indhelp
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assalamalaikum-
THERE IS NO SUCH QURAN OR HADEES INJUCTIONS IN SHARIAH ABOUT WAITING 6-FOR MONTHS-
"When a man gives his daughter in marriage and she dislikes it, the marriage shall be annulled." Once a virgin girl came to the Prophet and said that her father had married her to a man against her wishes. The Prophet gave her the right to repudiate the marriage.
2-OPTIONS ARE THERE IN THIS MATTER....
1]THE GIRL MUST GO FOR MEDICAL CHECK UP AND KNOW THE TRUTH ABOUT ANY PREGNANCY AND
LEAVE THIS FORCED MARRIAGE-RELATIONSHIP-IF REPORT IS NEGATIVE.....AS THE MARRIAGE IS INVALID READ IN THE HADEES -
Quoted by Imam Al-Bukhaari from al-Khansa’ bint Khidam:
“My father married me to his nephew, and I did not like this match, so I complained to the
Messenger of Allah . He said to me: ‘Accept what your father has arranged.’ I said, ‘I do
not wish to accept what my father has arranged.’ He said, ‘Then this marriage is invalid, go
and marry whomever you wish.’ I said, ‘I have accepted what my father has arranged, but I
wanted women to know that fathers have no right in their daughter’s matters (i.e. they have
no right to force a marriage on them).’”
2] IF THE CASE IS POSITIVE ACCEPT THE NIKAH AND LIVE -READ ABOVE AND BELOW HADEESES- CHOICE IS TAKE IT OR LEAVE-IT....
The following Noble Verse 4:19:
'It is not lawful for you forcibly to inherit the woman (of your deceased kinsmen), nor (that) ye should put constraint upon them.' When a man died, his relatives had more right to his wife then her own guardian. If any one of them wanted to marry her, he did so; or they married her (to some other person), and if they did not want to marry her, they did so. So this verse was revealed about the matter. (Translation of Sunan Abu-Dawud, Marriage (Kitab Al-Nikah), Book 11, Number 2084)" So according to Noble Verse 4:19, a woman can not be forced into marriage by any mean.
Narrated Abdullah ibn Umar: "The Prophet (peace_be_ upon_him) said: Consult women about (the marriage of) their daughters. (Translation of Sunan Abu-Dawud, Marriage (Kitab Al-Nikah), Book 11, Number 2090)"
Narrated Abdullah ibn Abbas: "A virgin came to the Prophet (peace_be_upon_him) and mentioned that her father had married her against her will, so the Prophet (peace_be_ upon_him) allowed her to exercise her choice.
(Translation of Sunan Abu-Dawud, Marriage (Kitab Al-Nikah), Book 11, Number 2091)"
HOPE THIS REPLY IS SUFFICIENT FOR U TO UNDERSTAND THAT THERE IS NO 6 MONTHS ANYWHERE IN SHARIAH-
SECONDLY IF YOU ARE PREGNANT YOU MUST DECIDE WHAT TO DO NEXT-
IF IT IS WORTH LIVING WITH RELATIONSHIP WITH A CHILD OR NOT-
THIRDLY AGAIN YOU MUST DECIDE YOU REALLY WANT THIS TO CONTINUE WITH OR WITHOUT CHILD
ALL OPTIONS ARE OPEN-
AS PER SHARIAH YR PARENTS AND THE IN-LAWS BOTH ARE CULPRITS
SUITABLE FOR PUNISHMENT FROM ALLAH.....
REGARDS
AOA,
are you serious? do you really think our merciful ALLAH swt would ok a marriage received by force and gunpoint?
lets use our common sense here.
I know it is very common in many indopak communities to control the women's lives from birth and make all major choices for them however this is not islam. this is cultural. She a woman can marry whom she chooses.
As far as I am aware she has no marriage under the law of Islam force marriages are invalid. MARRIAGE is annulled in this case. Secondly she has no waiting period (iddat) she can remarry asap and choose who she wants to marry. I hope this answers your questions.
Assalaamualaikam
Forced marriage has no place in Islam, and there is no sin in leaving such an arrangement.
I would advise that the girl seeks legal advice (ensuring that she speaks with someone who is experienced in Islamic legal matters), and takes steps to protect herself and end this situation. She doesn't need the permission of the people who put her in this situation to start with, and has the right to request divorce herself.
I don't know where this 6 month thing is from, but I've not heard of it before, so I'm a bit skeptical about it - especially as the people saying it have a clear motivation to place obstacles in her way. Again, an experienced scholar would be able to give a definitive answer on this.
If she decides to leave this arrangement, she should ensure she has somewhere safe to stay, where she will not be at risk from the families involved, and supportive people she can contact for help - depending on where she lives, there may be organisations that can assist her with this, inshaAllah.
Midnightmoon
IslamicAnswers.com editor
This seems like a traditional or bid'ah thing. Gunpoint plus a six months for waiting period??? Definitly that is not from the teachings of Islam. I hope her parents haven't sold her to them by taking a huge money!
Anyway, I agree that she needs a legal advice to ease her way to getting the civil divorce, without informing her parents or the boy's family.
Note:
There is no need for Islamic divorce, because what happened at the time when she signed the paper is not an Islamic marriage- the contract is void, corrupt Islamically.
Assalamu'alaikum wr.wb,
InshaAllah september I will get married with Indian moslem. We plan to get married legally in my country ( indonesia ) however, as he got wife in India even for 10 years they never be together as got some dispute over their marriage and they live separately.wife in india. and husband work in saudi. Until he plan to get divorce as seems their relationship just stop .
I know him for 3 years. since then we develop our relationship and decide to get legalized our marriage, however. there is a barrier as she didnt give permission, also she doesnt want to get divorce. What seems to be the solution for us ( me and my future husband ) as she also doesnt want to have win win solution of this.
They got married thru arranged married,after that seems there are so many conflict.
I appreciate any advises from you Sir,
Wassalamulaiakum wr.wb.
I don't know the law in India, but having some idea of how Indian culture is, I doubt very much if the husband needs the wife's permission to get a divorce. I'm sure he can file the appropriate papers (if his marriage is legally registered) and get a divorce. If the marriage is not legally recognized, he can simply send her a letter of talaq, and that's it.
Wael
IslamicAnswers.com Editor