Rhiannon Hendricks
Forced marriages are a controversial topic in Islam, with critics and supporters arguing for and against the practice. While some Muslim-majority countries have minimum legal ages for marriage, cultural and regional differences have led to varying marriage practices, including forced marriages. Islamic marital laws are interpreted and practiced in diverse ways by Muslims worldwide, and while forced marriages are not explicitly prohibited in the Quran, certain verses and teachings of the Prophet are interpreted as forbidding them. Ultimately, the decision-making authority in marriage is given to individuals, and consent is required for a valid marriage contract.
| Characteristics | Values |
|---|---|
| Forced weddings | Not allowed in Islam |
| Who decides to marry in Islam? | Individuals have the right to consent to marriage |
| Role of parents | Parents cannot force their children to marry |
| Validity of forced marriages | Invalid without consent |
| Marriage contract | A contract between a man and a woman |
| Mahr | Mandatory sum of wealth provided to the bride by the groom |
| Nikah | Wedding ceremony |
| Walima | Wedding banquet |
| Zifaf/rukhsati | Sending off |
| Khitbah | Arranging a partner |
| Legal recognition | Requires a civil marriage license in some countries |
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What You'll Learn
Islam does not allow forced marriages
Forced marriages are not allowed in Islam. The Quran prohibits the forced marriage of women, as stated in the following verse: "O you who have believed, it is not lawful for you to inherit women by compulsion" (Quran 4:19). This verse makes it clear that forcing a woman to marry against her will is not permitted in Islam.
Islamic marital laws are practised in various ways by Muslims around the world. While there may be regional and cultural differences, the core principles of Islam remain the same. One of these principles is that Islam gives individuals the right to consent to marriage. Both men and women have the right to choose their spouse and are not supposed to be forced into a marriage by their parents or family.
The Prophet (peace and blessings of Allah be upon him) emphasised the importance of seeking permission from the woman before marriage. He said, "The virgin should not be given in marriage until her permission has been sought" (Narrated by al-Bukhari and Muslim). This hadith indicates that a woman's consent is essential, and without it, the marriage is not valid.
In addition to the religious teachings, many Muslim-majority countries have implemented minimum age requirements for marriage, further emphasising the importance of consent and maturity in Islamic marriages. While the Quran mentions "baligh" (puberty) as a marker of maturity, Muslim-majority countries have set specific age requirements, such as 18 for both men and women in Egypt and 19 for women and 21 for men in Indonesia.
It is important to note that while Islam does not allow forced marriages, there may be cultural or traditional practices within some Muslim communities that contradict these Islamic teachings. It is crucial for Muslims to separate cultural beliefs from the teachings of Islam and to ensure that the rights and consent of both men and women are respected in marital practices.
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Women have the right to consent to marriage
Islam gives women the right to consent to marriage. The religion does not allow forced marriages. The Quran prohibits the forced marriage of women: "O you who have believed, it is not lawful for you to inherit women by compulsion" (Quran 4:19).
The marriage contract is a central part of Islamic marriage. The contract is an agreement between a man and a woman, and it requires the woman's consent. This consent must be given freely and actively, or through silence. The consent must also be given in the presence of at least two witnesses. Without the woman's consent, the marriage is not considered valid.
The Prophet is said to have given women the choice to accept or reject a marriage proposal. In one instance, a woman was married to her cousin by her father. When she went to the Prophet, he gave her the choice, and she approved of the marriage, but she wanted it known that her father did not have the right to do that.
In another instance, a woman asked the Prophet how a virgin's consent could be solicited. This demonstrates that women have the right to consent, and that consent should be sought even for virgins.
Islamic marital practices can vary across different regions and cultures. In some parts of the world, parents may still force their children to marry without their consent. However, this is not in line with Islamic teachings. While parents may persuade their children to marry someone, the children ultimately have the right to choose their own partners.
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Parents cannot force their children to marry
The hadith of Abu Hurayrah states:
> "A virgin cannot be married until her consent has been sought and a previously-married woman cannot be married until she has been consulted."
The hadith continues:
> "They said, 'O Messenger of Allah, what is her consent?' He said, 'If she remains silent.'"
This indicates that consent is essential in the case of both the husband and the wife, and that parents do not have the right to force their children to marry someone they do not want. The Hanafi, Maliki and Hanbali schools of jurisprudence do not allow "forced marriages", where consent has not been given by the bride or groom, or is given only under excessive pressure.
While parents are allowed to persuade the prospective bride or groom to do what they feel is best, the ultimate authority lies with the individuals getting married. It is better to try and have family on board with the marriage, so as not to break family ties, but if there is no other choice, it is up to the individuals to choose their own partners.
Unfortunately, forced marriages still occur in some Muslim communities. This is often done in secret and is considered a cultural rather than a religious practice.
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The marriage contract is invalid without consent
Marriage in Islam involves nikah, which is the agreement to the marriage contract. This contract is known by different names, including ʿaqd al-qirān and nikah nama. For the marriage to be valid, there are several conditions that must be met, including the requirement that both the groom and the bride freely consent to the marriage.
Islam gives women the right to consent to marriage. In fact, the marriage is not valid without a woman’s consent. The Prophet Muhammad (PBUH) approached his daughter Fatima (RA), discussed her proposal, and asked for her permission. After accepting the offer, the Prophet (PBUH) accepted Ali’s (RA) offer. This shows how important it is to get a daughter’s opinion about marriage. There is a hadith of the Holy Prophet (PBUH) that prohibits the forced marriage of girls in Islam. The hadith was written as Saheeh Muslim in 1419 and is also included in Saheeh al-Bukhari 6968. The Holy Prophet said that “a woman (whether she is a virgin, divorced, or a widow) cannot be married to anyone until her permission is sought.” This shows that Islam does not condone forced marriages.
The Quran also prohibits the forced marriage of women. The following verse from the Quran forbids forced marriage in Muslims: “O you who have believed, it is not lawful for you to inherit women by compulsion.” (Quran 4:19). This makes it clear that Islam does not allow forced marriages.
In the event that a woman does not accept a forced marriage, it is invalid, and she must inform the man that she does not accept it. The ruling on this marriage is that it is invalid, but this cannot be proven or established unless the man divorces her by talaq (official Islamic divorce) or the court issues a ruling to that effect. This is because there is a difference of opinion among scholars concerning the validity of such a marriage, with many scholars regarding it as permissible. Therefore, the matter must be referred to an Islamic judge to pass a verdict that the marriage is annulled.
According to the Hanafi, Maliki, and Hanbali schools of jurisprudence, the approval of the bride and groom who have reached puberty is one of the conditions of the marriage contract. These schools of jurisprudence do not allow "forced marriages", where consent has not been given by the bride or groom, or is given only under excessive pressure. Shafi'i recommends that daughters who are no longer minors be consulted before being married to someone.
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Forced marriages are considered haram
Forced marriages are not considered Islamic and are deemed haram in the religion. The Quran is clear that a woman cannot be given in marriage without her consent: “O you who have believed, it is not lawful for you to inherit women by compulsion” (Quran 4:19). This means that a woman's consent is required for a marriage to be valid. If a woman does not consent to a marriage, then the contract is invalid.
The Prophet (peace and blessings of Allah be upon him) said: “The virgin should not be given in marriage until her permission has been sought.” (Narrated by al-Bukhari, 6968; Muslim, 1419). This is understood to apply to all women, not just virgins, and to all guardians, including fathers.
Islamic marital law is practised in many different ways across the globe. In Muslim-majority countries, there are minimum age requirements for marriage, which are often higher than the age of puberty, which is considered the minimum age of maturity. For example, in Egypt, the minimum age for marriage is 18 for both men and women, and in Indonesia, it is 19 for women and 21 for men.
In the United States, 95% of Muslim couples included in a 2012 study by the Institute for Social Policy and Understanding (ISPU) had completed both the Islamic marriage contract (Nikah) and obtained a civil marriage license. Some couples complete the Islamic marriage contract before or after the civil marriage and wedding reception, while others complete both simultaneously.
Arranged marriages are a tradition in Islam, but they are not to be forced. The Hanafi, Maliki, and Hanbali schools of jurisprudence do not allow "forced marriages", where consent has not been given by the bride or groom, or is given only under excessive pressure. While parents are allowed to persuade their children to marry, they do not have the right to force their children to marry without their consent.
Islam gives individuals the right to consent to marriage and to choose their own partners. While it is better to have family approval, it is ultimately up to the individuals getting married to decide their own fate.
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Frequently asked questions
No, Islam does not allow forced marriages. The Quran states that it is "not lawful for you to inherit women by compulsion". Both men and women have the right to consent to marriage and a marriage is not valid without the woman's consent.
While parents are not allowed to force their children to marry, they can persuade their children to marry someone of the parents' choosing. It is better to have your family on board with your marriage so as not to break family ties.
There are several steps to an Islamic marriage, including the ceremonies khitbah (arranging a partner), nikah (agreement to marry ceremony), zifaf/rukhsati ("sending off"), and walimah (wedding banquet).
While the Quran mentions "baligh" (puberty) as a marker of maturity, Muslim-majority countries have set minimum ages for marriage. For example, in Egypt, the minimum age for marriage is 18 for both men and women, while in Indonesia, it is 19 for women and 21 for men.
Marrying for love is acceptable in Islam. While it is better to have your family's approval of your marriage, you can still marry the person you love even if your family does not approve.
