I know that a woman/man's silence during Nikki is a form of acceptance, as well as yes obviously, but what if the man and woman are being forced into it. And its not as simple as just saying no on the last day because they are both being threatened of punishment if they do not say yes?
What can the man and woman do to get out of this? They both come from strict families who believe that beating is a good form of punishment, and both families believe that family hon our is the most important thing so backing down on the day of the Nikki will not only result in severe punishment but also public humiliation.
If they have said yes, but were forced to, then does that make the Nikki invalid?
BQ: If a man does not wish to marry, must he have an Islamic reason why he does not want to marry the particular Muslim? Can he not marry just because he doesn't feel ready or because he wishes to marry someone else?
Please can you use Quran and Hadiths to back up your answers where possible. Jazak'Allah Khair. Asalamu Alaikum.
I know the law will protect them but both people love their family a lot and would never consider grassing them up to the law, also if they did do something like this then their families would disown them.
What you describe is illegal in the UK. The law is there for protection. If individuals choose to ignore the facility for any reason, they must suffer the consequences.
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 "will ayah". 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 any one 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 any one 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 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 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 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 justify 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.
Sister please speak up if this is about you, don't be quite +& let them ruin your life. If they really loved you they wouldn't be doing this. You say they are religious but what religion are they following? Islam doesn't allow force marriages.
Forced marriages are not permissible in Islam. Both the groom and bride must consent to the marriage otherwise the marriage is invalid. These 'strict' families need to be told that their actions are ha ram, they cannot force their children into marriage they do not want.
BQ: No, he doesn't need an Islamic reason not to marry the particular Muslim.
"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)"
Forced Marriage in Islam?
