Question:
Is it permissible for a father to compel his daughter into a marriage with someone she does not desire?
Answer:
It is not permissible for the father or someone besides him to compel the one who is under his guardianship to marry someone she does not desire to marry. Rather, it is necessary to seek her consent and permission due to the saying of the Messenger (sallallaahu ’alayhi wa sallam): The virgin is not to be married until her consent has been sought. They said: O Messenger of Allaah! What is her consent? He replied: Her silence. And in another wording: And regarding the virgin, her father seeks her consent and her consent is her silence.
Therefore it is obligatory upon the father when she reaches the age of nine or greater that he asks for her consent. It is likewise for her guardians, they do not marry her without her consent. This is obligatory upon all of them. Whoever marries his daughter without permission/consent then the marriage is not correct because one of the conditions of the marriage is the consent and pleasure of both parties. So if he marries her without her being pleased with it and compels her with strong threats or even beating, the marriage is not valid…
It is required from the prospective husband, when he knows that she does not desire him for marriage, that he does not pursue the matter even if her father facilitates this for him (give him permission). It is obligatory for him to fear Allaah and not to come to the woman who does not want him for marriage… It is obligatory for him to beware of what Allaah has made unlawful upon him and this is because the Messenger (sallallaahu ’alayhi wa sallam) ordered the girls consent to be sought (first).
Shaikh Bin Baaz in Fataawal-Mar’ah Vol. 2. p.50
® Salis Kura
07-03-2018