Showing posts with label Forced. Show all posts
Showing posts with label Forced. Show all posts

16 Apr 2014

Forced Marriage (Part 2)



  • Can a woman be forced into marriage in Islam?



Absolutely not!  Let us look at what Prophet Muhammad peace be upon him said regarding this issue:



Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may peace be upon him) as having said: "A woman without a husband (or divorced or a widow) must not be married until she is consulted, and a virgin must not be married until her permission is sought. They asked the Prophet of Allah (may peace be upon him): How her (virgin's) consent can be solicited? He (the Holy Prophet) said: That she keeps silence.  (Translation of Sahih Muslim, The Book of Marriage (Kitab Al-Nikah), Book 008, Number 3303)"



Allah Almighty said in the Noble Quran:  "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)"



The following Saying is an explanation to Noble Verse 4:19:

Narrated Abdullah ibn Abbas: "About the Qur'anic verse: '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 Abu Hurayrah: "The Prophet (peace_be_upon_him) said: An orphan virgin girl should be consulted about herself; if she says nothing that indicates her permission, but if she refuses, the authority of the guardian cannot be exercised against her will.  (Translation of Sunan Abu-Dawud, Marriage (Kitab Al-Nikah), Book 11, Number 2088)"



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)"



Narrated Abdullah ibn Abbas: "The Prophet (peace_be_upon_him) said: A guardian has no concern with a woman previously married and has no husband, and an orphan girl (i.e. virgin) must be consulted, her silence being her acceptance.  (Translation of Sunan Abu-Dawud, Marriage (Kitab Al-Nikah), Book 11, Number 2095)"



The above Noble Verse 4:19 and the Sayings of our beloved Prophet Muhammad peace be upon him clearly explain that according to Islam, whether the woman is virgin or not, her permission is a MUST.   Her father or older brother can not force her into marriage as the Pagan Arabs and the Jews and Christians before Islam in the Middle East used to do; see Deuteronomy 25:5 in the Bible to see how women are forced into marriage.





Can the woman divorce herself from a forced marriage upon her?



As we've seen above, it is clearly forbidden in Islam to force women into marriage.   But in case this ever should happen or have happened already to any woman, then Islam allows for her to divorce herself from the man she was forced to marry.  Let us read the following:



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)"



The choice that our beloved Prophet Muhammad peace be upon him gave to the woman is she can either remain married to the man, or divorce herself from him. 






La naturaleza de la relación entre el hombre y la mujer en el Islam.
La relación debería ser integradora no competitiva.
Hawaa (Eva) no fue creada como Adam, sino que fue creada de él.
"Y de él (Adam) Él creó a su esposa (Hawaa(Eva))" [An-Nisa':1]
Así que si él la oprime, el estaría oprimiendo su corazón. Y si ella
se vuelve arrogante y se vuelve como un hombre, será terriblemente visto!







Aishah Aish

Forced Marriages (Part 1)



FORCED MARRIAGES ARE NOT ALLOWED IN ISLAM!!

Forced marriage is not an issue of religion, but it is a cultural practice that violates the right of a woman and as a Muslim. The act of forcing someone to marry is in fact an act that is against the practices and teachings of Islam.

Some think that consent of the bride and/or groom is not needed in marriage or as long as the parents of the female agree to the proposal then it is allowed. This is a wrong concept. Marriage in Islam is suppose to be a beautiful and blessed time for both men and women.

Forced marriages are clearly not acceptable according to The Quran:

O you who believe, it is not lawful for you to inherit the women by forcibly/unwillingly... [4:19]

Marriage is done by mutual agreement:

When you divorce women and they have completed their waiting term do not hinder them from marrying other men if they have agreed to this in a fair manner. [2:232]

All examples in The Quran involving decisions between marriage partners are in the reciprocal Arabic word form, e.g. "taraadaa" [2:232-233, 4:24], "tashaawar" [2:233], which means they are mutual.

The relationship between a husband and wife is discussed in affectionate terms in The Quran, not of one enforcing decisions on the other:

And among His signs is this, that He created for you mates from among yourselves, that you may dwell in tranquillity with them, and He has put love and mercy between your hearts. Verily in that are signs for those who reflect. [30:21]

...They are a garment for you and you are a garment for them.... [2:187]

And they say, "Our Lord, let our spouses and children be a source of joy for us, and let us be the foremost among the righteous." [25:74]

In The Quran, there is a pre-marriage requirement for a male to give the female a dower, see the following examples in which the female is involved in the decision making process:

And give the women their due dowries willingly, and if they remit any of it to you of their own will, then you may take it with good feelings. [4:4]

...And unto those with whom you desire to enjoy marriage, you shall give the dowers due to them; but you will incur no sin if, after [having agreed upon] this lawful due, you freely agree with one another upon anything else... [4:24]

Lastly, The Quran reminds us that believers are those who conduct their matters by mutual consultation/counsel [42:38]

The following hadith also clarifies the position of forced marriages in Islam;

Khansa Bint Khidam said “My father married me to his nephew, and I did not like this match, so I complained to the Messenger of Allah (Peace and blessings be upon him). 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).
(Fathul Bari Sharah Al Bukhari 9/194, Ibn Majah Kitabun Nikah 1/602)

At first, the Prophet (peace and blessings be upon him) told Al Khansa to obey her father, and this is as it should be, because the concerns of fathers for the well being of their daughters is well known. But when he realized that her father wanted to force her in to marriage she did not want, he gave her the freedom to choose, and saved her from the oppression of a father who wanted to force her into an unwanted marriage. The choice that our beloved Prophet Muhammad (peace be upon him) gave to the Al- Khansa is she can either remain married to the man, or divorce herself from him.

This has become a very common issue in today's society. However Islam does not allow force marriage, this must be known to every parent!!














Aishah Aish