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24:33

And let those who find not the financial means for marriage keep themselves
chaste, until Allah enriches them of His Bounty. And such of your slaves as
seek a writing (of emancipation), give them such writing, if you know that they
are good and trustworthy. And give them something yourselves out of the
wealth of Allah which He has bestowed upon you. And force not your maids to
prostitution, if they desire chastity, in order that you may make a gain in the
(perishable) goods of this worldly life. But if anyone compels them (to
prostitution), then after such compulsion, Allah is Oft-Forgiving, Most
Merciful (to those women, i.e. He will forgive them because they have been
forced to do this evil action unwillingly).
---regarding slavery / marriage ---

If a girl is married to a person which is not of his choice and the girl signed the
nikah unwillingly by the force or fear of his father. so did this nikah happen or not
.1. and no to. if the same girl refuse his husband for doing intercourse and the
husband do it forcely so what is this. is this haram zana or jaiz.
Praise be to Allaah.
Firstly:
It is haraam for the guardian (wali) of the woman to force her to marry someone
she does not want and does not like, because the Prophet (blessings and peace of

Allah be upon him) said: The virgin should not be given in marriage until her
permission has been sought. Narrated by al-Bukhaari, 6968; Muslim, 1419.
The apparent meaning is that this is general and applies to every virgin and every
guardian; there is no difference between a father or any other guardian, hence alBukhaari interpreted the hadeeth by saying: Chapter: The father or other guardian
should not give a virgin or previously married woman in marriage except with their
consent.
The womans guardian has to fear Allah with regard to his daughters and not give
them in marriage to anyone except those with whom they are pleased from among
men who are compatible and suitable. The guardian should only give her in
marriage for her interests, not for his own.
Shaykh al-Islam Ibn Taymiyah said: With regard to giving her in marriage when she
is reluctant, this is contrary to the basic principles and common sense. Moreover
Allah did not allow her guardian to force her into buying or renting without her
permission, or to eat or drink or wear something that she does not want, so how can
he force her into sleeping with and living with someone she does not want to sleep
with, and living with someone she does not want to live with.
Allah wants love and compassion between the spouses, and how can that be
attained when she hates him and does not like him? What kind of love and
compassion can there be in that case?!
End quote from Majmoo al-Fataawa, 32/25
Secondly:

If the marriage contract has been done even though she was reluctant, then this
marriage contract depends on the womans decision. If she accepts it, then it
becomes a valid marriage contract, and if she does not then it is an invalid contract.
It was narrated that Buraydah ibn al-Haseeb said: A girl came to the Prophet
(blessings and peace of Allah be upon him) and said: My father married me to his
brothers son so that he might raise his own status thereby. The Prophet (blessings
and peace of Allah be upon him) gave her the choice, and she said: I approve of
what my father did, but I wanted women to know that their fathers have no right to
do that.
Narrated by Ibn Maajah, 1874. It was classed as saheeh by al-Buwaysiri in
Masaabeeh az-Zujaajah, 2/102. Similarly Shaykh Muqbil al-Waadii stated: (It is)
saheeh according to the conditions of Muslim. End quote from as-Saheeh al-Musnad,
p. 160
In the event that the woman does not accept this marriage, then it is invalid and she
has to tell the one who did this marriage contract with her about that. He does not
have the right to force her to engage in intercourse and intimacy, and she does not
have the right to allow him to do that so long as she does not accept this marriage.
Although the ruling on this marriage is that it is invalid, this ruling cannot be proven
or established unless the man divorces her by talaaq or the court issues a ruling to
that effect, because of the difference of opinion among the scholars concerning the
validity of such a marriage; many scholars regard this marriage as permissible.
Based on that, you have to refer the matter to the Islamic judge (qaadi) to pass a
verdict that this marriage is annulled.

Aaishah reported that a girl came to her and said, My father married me to his
brothers son in order to raise his social standing, and I did not want this marriage
[I was forced into it]. Aaishah said, Sit here until the Prophet (peace and
blessings of Allaah be upon him) comes. The Messenger of Allaah (peace and
blessings of Allaah be upon him) came and she told him about the girl. The Prophet
(peace and blessings of Allaah be upon him) sent for her father, then he gave the
girl the choice of what to do. She said, O Messenger of Allaah, I have accepted
what my father did, but I wanted to prove something to other women. (Reported
by al-Nisaai, 3217).
So, both the guardian and the woman must agree to the marriage. With regard to
your request for our advice regarding the problem mentioned in the question, so
long as this marriage has taken place, it is better for the woman to try to keep it
going as much as she can, and to try to accept this husband. She should seek reward
through pleasing her parents and also try to reform her husband through a gentle
approach and praying for guidance for him. And Allaah is the Source of Strength.

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