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Published byJoella Neal Modified over 6 years ago
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Is forcing a woman into an unwanted marriage allowed?
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Does having a waliy mean forcing a woman into an unwanted marriage?
Cultures and media confuse having a waliy and forcing women into an unwanted marriage. Scholars agree that a waliy may not force the woman into an unwanted marriage. Based on the hadith in sahih AlBukhari that الخنساء بنت خدام الأنصارية, who was not a virgin, was forced by her father into a marriage she did not want, so she came to the prophet peace be upon him and he returned her marriage.
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Major hadith on forced marriages
Sayida Aysha had a girl enter her home and said: “my father had forced me into marrying his nephew, to life his lack of man hood خسيسته, and I hate it, she told her: sit, until the prophet peace be upon him comes. When the prophet peace be upon him came, she told him what had happened, and called onto her father to come, and ordered that her marriage would be up to her. So she said: I have approved what my father has done, but want people to know that their waliys’ do not have the right to overcome them.” All contracts are invalid if they are under compulsion
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What if she was forced? She has the right to tell the judge of her disapproval, and the judge will not force her. She can ask for divorce, or khulu’ if the marriage had taken place. The judge may separate between them, if it was proven that she was forced.
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What if she later approved the marriage which she was forced in?
The marriage is approved Other scholars do say that the contract must be redone.
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