Marriage Contract, - * Her father forced her to get married; is this marriage valid and what is the ruling on intercourse in this case?

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If a girl is married to a person which is not of his choice and the girl signed the nikah unwillingly by the force or fear of his father. so did this nikah happen or not .1. and no to. if the same girl refuse his husband for doing intercourse and the husband do it forcely so what is this. is this haram zana or jaiz.
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Praise be to Allaah.
Firstly:
It is haraam for the guardian (wali) of the woman to force her to marry someone she does not want and does not like, because the Prophet (blessings and peace of Allah be upon him) said: “The virgin should not be given in marriage until her permission has been sought.” Narrated by al-Bukhaari, 6968; Muslim, 1419.
The apparent meaning is that this is general and applies to every virgin and every guardian; there is no difference between a father or any other guardian, hence al-Bukhaari interpreted the hadeeth by saying: “Chapter: The father or other guardian should not give a virgin or previously married woman in marriage except with their consent.”
The woman’s guardian has to fear Allah with regard to his daughters and not give them in marriage to anyone except those with whom they are pleased from among men who are compatible and suitable. The guardian should only give her in marriage for her interests, not for his own.
Shaykh al-Islam Ibn Taymiyah said: With regard to giving her in marriage when she is reluctant, this is contrary to the basic principles and common sense. Moreover Allah did not allow her guardian to force her into buying or renting without her permission, or to eat or drink or wear something that she does not want, so how can he force her into sleeping with and living with someone she does not want to sleep with, and living with someone she does not want to live with.
Allah wants love and compassion between the spouses, and how can that be attained when she hates him and does not like him? What kind of love and compassion can there be in that case?!
End quote fromMajmoo‘ al-Fataawa, 32/25
Secondly:
If the marriage contract has been done even though she was reluctant, then this marriage contract depends on the woman’s decision. If she accepts it, then it becomes a valid marriage contract, and if she does not then it is an invalid contract.
It was narrated that Buraydah ibn al-Haseeb said: A girl came to the Prophet (blessings and peace of Allah be upon him) and said: My father married me to his brother’s son so that he might raise his own status thereby. The Prophet (blessings and peace of Allah be upon him) gave her the choice, and she said: I approve of what my father did, but I wanted women to know that their fathers have no right to do that.
Narrated by Ibn Maajah, 1874. It was classed as saheeh by al-Buwaysiri in Masaabeeh az-Zujaajah, 2/102. Similarly Shaykh Muqbil al-Waadi‘i stated: (It is) saheeh according to the conditions of Muslim. End quote fromas-Saheeh al-Musnad, p. 160
In the event that the woman does not accept this marriage, then it is invalid and she has to tell the one who did this marriage contract with her about that. He does not have the right to force her to engage in intercourse and intimacy, and she does not have the right to allow him to do that so long as she does not accept this marriage.
Although the ruling on this marriage is that it is invalid, this ruling cannot be proven or established unless the man divorces her by talaaq or the court issues a ruling to that effect, because of the difference of opinion among the scholars concerning the validity of such a marriage; many scholars regard this marriage as permissible.
Based on that, you have to refer the matter to the Islamic judge (qaadi) to pass a verdict that this marriage is annulled.

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NajimudeeN.M-INDIA

Marriage Contract, - * Her father forced her to get married; is this marriage valid and what is the ruling on intercourse in this case?

↓TRANSLATE THIS BLOG↓

If a girl is married to a person which is not of his choice and the girl signed the nikah unwillingly by the force or fear of his father. so did this nikah happen or not .1. and no to. if the same girl refuse his husband for doing intercourse and the husband do it forcely so what is this. is this haram zana or jaiz.
-
Praise be to Allaah.
Firstly:
It is haraam for the guardian (wali) of the woman to force her to marry someone she does not want and does not like, because the Prophet (blessings and peace of Allah be upon him) said: “The virgin should not be given in marriage until her permission has been sought.” Narrated by al-Bukhaari, 6968; Muslim, 1419.
The apparent meaning is that this is general and applies to every virgin and every guardian; there is no difference between a father or any other guardian, hence al-Bukhaari interpreted the hadeeth by saying: “Chapter: The father or other guardian should not give a virgin or previously married woman in marriage except with their consent.”
The woman’s guardian has to fear Allah with regard to his daughters and not give them in marriage to anyone except those with whom they are pleased from among men who are compatible and suitable. The guardian should only give her in marriage for her interests, not for his own.
Shaykh al-Islam Ibn Taymiyah said: With regard to giving her in marriage when she is reluctant, this is contrary to the basic principles and common sense. Moreover Allah did not allow her guardian to force her into buying or renting without her permission, or to eat or drink or wear something that she does not want, so how can he force her into sleeping with and living with someone she does not want to sleep with, and living with someone she does not want to live with.
Allah wants love and compassion between the spouses, and how can that be attained when she hates him and does not like him? What kind of love and compassion can there be in that case?!
End quote fromMajmoo‘ al-Fataawa, 32/25
Secondly:
If the marriage contract has been done even though she was reluctant, then this marriage contract depends on the woman’s decision. If she accepts it, then it becomes a valid marriage contract, and if she does not then it is an invalid contract.
It was narrated that Buraydah ibn al-Haseeb said: A girl came to the Prophet (blessings and peace of Allah be upon him) and said: My father married me to his brother’s son so that he might raise his own status thereby. The Prophet (blessings and peace of Allah be upon him) gave her the choice, and she said: I approve of what my father did, but I wanted women to know that their fathers have no right to do that.
Narrated by Ibn Maajah, 1874. It was classed as saheeh by al-Buwaysiri in Masaabeeh az-Zujaajah, 2/102. Similarly Shaykh Muqbil al-Waadi‘i stated: (It is) saheeh according to the conditions of Muslim. End quote fromas-Saheeh al-Musnad, p. 160
In the event that the woman does not accept this marriage, then it is invalid and she has to tell the one who did this marriage contract with her about that. He does not have the right to force her to engage in intercourse and intimacy, and she does not have the right to allow him to do that so long as she does not accept this marriage.
Although the ruling on this marriage is that it is invalid, this ruling cannot be proven or established unless the man divorces her by talaaq or the court issues a ruling to that effect, because of the difference of opinion among the scholars concerning the validity of such a marriage; many scholars regard this marriage as permissible.
Based on that, you have to refer the matter to the Islamic judge (qaadi) to pass a verdict that this marriage is annulled.

Editted and Published by

NajimudeeN.M-INDIA

Comedy

உங்ககிட்ட பிடித்ததே இந்த 5 தான்!
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1. சிரிப்பு
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2.அழகு
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3.நல்ல டைப்
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4.கொழந்த மனசு…
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5.இதெல்லாம் பொய்’ன்னு தெரிஞ்சும் நம்புற நல்ல மனசுபாவம்….

Bad behaviour, - * His wife accused his mother of stealing her ring!

My wife accused my mother of stealing her ring, and insists that this is the case. I asked my mother to swear an oath on the Mushaf without my wife’s knowledge, in secret. Was I sinning by my action? Please note that my mother has a habit of stealing.
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Praise be to Allah.
What you must do is strive to resolve problems that may arise between your mother and your wife in a wise manner, so that you do not make your mother angry or wrong your wife. Yes, the rights that the mother has over her child are not like the rights that anyone else has over him, either his wife or his son, but that does not mean that others do not have rights over you, and the fact that you pay attention to the rights that your mother has over you does not mean that you should neglect the rights of others; rather you should give each one who has rights his or her rights.
The more you can do to provide separate accommodation for your wife and your mother, and reduce the opportunities for them to mix, the better, for that will be more effective in leading to a stable life and reducing problems. Please see the answer to question no. 167997
Secondly:
It is not permissible for a Muslim to accuse his fellow Muslim or cast aspersions upon his honour merely on the basis of suspicion. Allah, may He be exalted, says (interpretation of the meaning):
“O you who believe! Avoid much suspicions, indeed some suspicions are sins. And spy not, neither backbite one another. Would one of you like to eat the flesh of his dead brother? You would hate it (so hate backbiting) . And fear Allah. Verily, Allah is the One Who accepts repentance, Most Merciful”
[al-Hujuraat 49:12].
Al-Bukhaari (5144) and Muslim (2563) narrated from Abu Hurayrah (may Allah be pleased with him) that the Prophet (blessings and peace of Allah be upon him) said: “Beware of suspicion, for suspicion is the falsest of speech. Do not spy on one another; do not seek out one another’s faults; do not hate one another; and be, O slaves of Allah, brothers.”
Al-Haafiz Ibn Hajar (may Allah have mercy on him) said inFath al-Baari(10/486):
The prohibition applies to suspicion regarding a Muslim who is sound in his religious commitment and honour. End quote.
Al-Qurtubi (may Allah have mercy on him) said:
What distinguishes the suspicion that must be avoided from other kinds of suspicion is that every suspicion for which you know of no clear sign or obvious reason is haraam and must be avoided. This applies if the person who is suspected is one of those who are known for dignity and righteousness, and is apparently trustworthy. Suspecting evil and treachery on his part is haraam. This is in contrast to one who is well known among people for indulging in suspicious activities and who openly commits evil deeds.
End quote fromTafseer al-Qurtubi(16/331)
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said:
Thinking of others may be divided into two categories:
The first category is thinking well of others, which requires you to think positively of your brothers so long as they are deserving of that. This applies to the Muslim who appears outwardly to be of good character; such a person is to be thought well of and praised for what we can see of his commitment to Islam and good deeds.
The second category is thinking badly of others (suspicion). This is haraam in the case of a Muslim who appears outwardly to be of good character; it is not permissible to think badly of him or suspect him, as the scholars have clearly stated. They (may Allah have mercy on them) said: It is haraam to think badly of a Muslim who appears outwardly to be of good character. With regard to thinking badly of someone for whom circumstantial evidence indicates that he deserves to be thought of in such a manner, there is no blame on the individual if he thinks badly of him. Hence a popular proverb says: “Be on your guard against people by thinking badly of them.” But this is not applicable in all cases, as is well known. Rather what is meant is be on your guard against people who deserve to be badly thought of, so do not trust them. A person will inevitably find thoughts coming to mind reflecting suspicion of anyone concerning whom circumstantial evidence justifies that, either because there are signs of that in his face, as you can see a frown and displeasure on his face at meeting you, and the like, or because of his situation and what people know about him or the things that he says, so he is ill thought of. In such a case, if there is circumstantial evidence to suggest it, there is no blame on a person if he thinks badly of him or suspects him.
End quote fromTafseer Soorat al-Hujuraat(49)
To sum up:
Your wife is not sinning if she thought that about your mother, so long as your mother is known for that or there is circumstantial evidence to that effect. In that case, what you must do is keep them apart in a wise manner. If your wife has any proof for what she is saying, then try to find out the truth from your mother using wise means and tricks.
But if she does not have any proof and your mother denies that she took it, then there is nothing wrong with you asking her to swear an oath to that effect. In fact this is something that is prescribed in Islam. The shar‘i principle is that proof is required from the one who makes the claim and the oath is required from the one who denies it. In that case, there is no blame on you, in sha Allah, for what you did of asking your mother to swear an oath. In fact this may reduce the possibility of problems and resentment between them. But if you feel that your wife is telling the truth and that your mother’s feelings may be hurt by that, then try to compensate her for it by showing kindness and using tricks, and try harder with your mother to encourage her to repent to Allah, may He be glorified and exalted, and to stop doing such things. Try harder to suffice her and take care of her so that she has no need to do such things.
And Allah knows best.