'' Our Lord ! grant us good in this world and good in the hereafter and save us from the torment of the Fire '' [Ameen]
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{in Arab} :->
Rabbanaa aatinaa fid-dunyaa hasanatan wafil aakhirati hasanatan waqinaa 'athaaban-naar/-
(Surah Al-Baqarah ,verse 201)
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Two well-known opinions in this regard are reported from Imaam Ahmad:
1.That he may compel her to. This is also the opinion of Maalik,
Ash-Shaafi`ee, and others.
2- That he may not. This is the opinion of Abu Haneefahandothers, and
is the correct one.
People have differed concerning the reason permitting the compulsion:
whether it is virginity, the daughter being under-aged, or a
combination of both. The correct opinion is that it is due to her
being under-aged,whereas no one can compel a grown-up virgin in
marriage. AbuHurayrahreported that the Prophetsaid:"A non-virgin woman
may not be married without her command, and a virgin may not be
married without her permission; and enough permission for her is to
remain silent (because of her natural shyness)."[Al-Bukhaari, Muslim &
Others]
Thus, the Prophetprohibited forcing a virgin in marriage without her
permission, whetherby her father or anyone else. Furthermore,
`Aa'ishahrelated that she once asked the Prophet: "In the case of a
young girl whose parents marry her off, should her permission be
sought or not?" Hereplied:"Yes, she must give her permission."She then
said: "But avirgin would be shy, O Messenger of Allaah!"
Hereplied:"Her silence is [considered as] her
permission."[Al-Bukhaari, Muslim, & Others]
This applies to the father as well as others. Furthermore, Islam does
not give the father the rightto use any of his daughter's wealth
without her permission, how then could he be allowed to decide,
without her permission, how her body (which is more important than her
wealth) is to be used, especially when she disagrees with that and is
mature enough to decide for herself?
Also, there is evidence and consensus in Islam to restrict an underage
person's free control ofhis wealth or person. However, tomake
virginity a reason for the restriction contradicts that Islamic
principle.
As for the difference between thenon-virgin and virgin in the Hadeeth
(narration) of the Prophetit is not a distinction between compulsion
and non-compulsion; the difference between the two cases is that:
(a)The non-virgin gives her instructions for the marriage whereas the
virgin gives permission, and that
(b)The virgin's silence counts as permission. The reason for this is
that a virgin would be shy to discuss the matter of marriage, so she
is not proposed to directly; rather, her Wali (legal guardian) is
approached, he takesher permission, and then she gives him the
permission, not thecommand to marry her.
As for a non-virgin, she would not have the shyness of a virgin
anymore; thus she can discuss the matter of her marriage. She can be
proposed to, and she gives the command to her Wali to perform the
marriage, and he must obey her.
Thus, the Wali is command-executor in the case of the non-virgin, and
is permission-seeker in the case of the virgin. This is what the words
of the Prophet sallallaahu' alayhi wa sallam indicate.
As for compelling her to marry against her will, this would contradict
Islamic Law. Allaah, the Exalted, did not permit a Walito force her to
sell or render her property without her permission.Nor did He permit
him to force her to eat or drink or wear that which she does not wish.
How could he (the Wali) then oblige her to accompany and copulate with
a person whose company she hates - at the time when Allaah has
inseminated love and mercy between the two spouses?If such company
happens, despite her hatred and repulsion,where is the love and mercy?
Source: 'Al-Masaa'il Al-Maardeeniyyah' by: Imaam Ibn Taymiyyah
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