Fathwa, - • Marriage and Engagement • A Father Forcing His Daughter to marry is Forbidden

Question:
I have a sister from my father and he gave her in marriage to a man
without asking her opinion when she was twenty-one years of age.The
witnesses testified falsely in the marriage contract, saying that she
agreed, and her mother signed the marriage document on her behalf.In
this way, the marriagewas completed, while she still rejected it. What
is the ruling on this contract and the false witness (therein)?
Answer:
If this sister was a virgin and her father forced her to marry this
man, some of the scholars hold that the marriage isvalid. They hold
the viewthat the father may forcehis daughter to marry a man whom she
does not want, if he is suitable.
But the strongest opinion in this matter is that it is not permissible
for the father, or anyoneelse, to force a girl to marry someone she
doesnot want to, even if he issuitable. This is because the Prophet
Sallalaahu alaihi wa sallam said:
"The virgin must not be given in marriage until her permission has
been sought." Al-Bukhari no.5136 and Muslim no. 1419
This is general, so no guardian is excepted from it. In fact, it has
been reported in Sahih Muslim:
"The father must seek the virgin's permission." Muslim no.1421.
So the virgin and the father have been specified. This is specified in
cases of disagreement, and so it must be acted upon. Based upon this,
a man'scompelling his daughter to marry a man whom she does not want
to marry is forbidden.
The Lawgiver (i.e. Allaah)has prohibited it, so He does not want the
(Muslim) community to be involved in it, nor to practice it. And if we
declare it to be valid, it means that we are involved in it, and we
are practicing it, and giving it the status of those contracts which
the Lawgiver has permitted. This is something that cannot be.
Therefore, the strongest opinion is that your father giving his
daughter in marriage to a man whom she does not want, is an unlawful
marriage, and the contract is unlawful. So it must be examined by the
Court.
As for one who supplies false witness, he has committed a major sin,
as confirmed by the Prophet Sallalaahu alaihiwa sallam who said:
"Shall I not inform you of the greatest sins?" At-Tirmidhi no. 2301.
And he mentioned them while he was reclining, then he sat up and said:
"And I warn you against false speech, and I warn you against false
speech.Rather: False testimony." Al-Bukhari no.2654 and Muslim no.87.
- and he continued to repeat it, until we wished that he would besilent.
So these false testifiers must turn to Allaah in repentance and
retract their testimony. Likewisethe mother, since she signed on
behalf of her daughter untruthfully, she has sinned by that, and she
must turn in repentance to Allaah andshe must not do such a thing
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