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Invalid marriage

Fatwa 2740English
Marriage & DivorceMarriage (Nikah)

Question

This is the answer to Q 2732 If a female was compelled to consent to marriage due to fear of being killed, the marriage will be invalid. The father is guilty of depriving his daughter of her independent right to choose her marriage partner. Please elaborate what you mean by the word invalid here. What should be done if someone faces this situation. Should the couple seperate? What is the right thing to be done? How can one eliminate this situation to take place in the first place? Almost all fathers are of the opinion that they are authorised to force their children to marry, in Islam! If the father is guilty, how should he be punished?

Answer

Respected Brother-in-Islam

Assalaamu Alaykum Wa Rahmatullaahi Wa Barakaatuhu

In a Muslim country, the matter will be adjudicated by a Judge who will determine if Ikraah (compelling) has taken place or not. If so, he will order a separation and order any suitable punishment to the father according to his discretion.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai
FATWA DEPT.

Answered by
Mufti Ebrahim Desai
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