Are forced Marriages Permitted in Shafi Madhab?

[Striving2Struggle]

I once came across a thread on another Islamic forum, which stated that in the Shafi Madhab a father is allowed to marry a Virgin (previously unmarried) daughter against her will. Users were perplexed because it appeared to be in contradiction to what Muhammad SAW did when he annulled the marriage of a girl who was married against her will.

Unfortunately we only had one Shafi user who was familiar with this and he himself admitted he did not know much, but though it was related to the following Hadith:

"A matron should not be given in marriage except after consulting her; and a virgin should not be given in marriage except after her permission." The people asked, "O Allah's Apostle! How can we know her permission?" He said, "Her silence (indicates her permission)."


Now I and the other users saw this Hadith to mean that if the virgin girl is not silent and openly refuses the marriage it cannot be valid; however this particular user apoligized for not knowing more; but said he was pretty sure that this meant that a virgin daughter can be forced to marry by her father regardless.

Can anyone please clarify

[Abu_Abdallah]

In the Maliki Madhhab a father is allowed to force his child, a virgin daughter, to marry. This is the view of the Seven Jurists of Madinah and the people of Madinah, and by implication also the view of Imam Malik.

Imam Ahmad opinioned the same, according to one riwayah and it has been transmitted also from Imam al-Shafi'i (refer to: al-Bayhaqi, Sunan al-Kubra 7:116), though elsewhere I've read that he opposed it.

As for the Fiqh of this issue (al-wali al-mujbir, i.e. the wali that forces), well: this is a typical issue you better teach people only if there is something actually happening, i.e. someone wants to forces his daughter to marry. And it fit also in 'Ali's wonderfull saying that you dont tell people everything, for else they will declare others liars etc., simply because they never heard of it.

Bottomline: yes, there is a strong argument from the Shar'i perspective that supports the wali forcing a daughter to marry someone, yet the other side - the majority - views this to be wrong.

wa-Allahu A'lam.

[Iqra]

Is it true that in the Shafi Madahab you don't need a wali for the nikaah?

[Sir Paindoo Pants]

Is it true that in the Shafi Madahab you don't need a wali for the nikaah?

Err No!

Anyway I remember reading in Reliance that father can choose a husband for his daughter on the premise that he would want the best for her and is a better judge (paraphrasing). But I guess in the end of the day if the daughter really doesn't like it she could approach the qadi.

[Islamiyyah]

I once came across a thread on another Islamic forum, which stated that in the Shafi Madhab a father is allowed to marry a Virgin (previously unmarried) daughter against her will. Users were perplexed because it appeared to be in contradiction to what Muhammad SAW did when he annulled the marriage of a girl who was married against her will.

Unfortunately we only had one Shafi user who was familiar with this and he himself admitted he did not know much, but though it was related to the following Hadith:

"A matron should not be given in marriage except after consulting her; and a virgin should not be given in marriage except after her permission." The people asked, "O Allah's Apostle! How can we know her permission?" He said, "Her silence (indicates her permission)."


Now I and the other users saw this Hadith to mean that if the virgin girl is not silent and openly refuses the marriage it cannot be valid; however this particular user apoligized for not knowing more; but said he was pretty sure that this meant that a virgin daughter can be forced to marry by her father regardless.

Can anyone please clarify

Should'nt that be the answer for all muslims whether shafi, maliki, hambali, etc?

[Sir Paindoo Pants]

Should'nt that be the answer for all muslims whether shafi, maliki, hambali, etc?

Fiqh isn't like hop scotch! There's a lot of intricate detail to it.

[Iqra]

JazakAllahu khair, I did think that it was strange but they were saying that the permission of the wali is not needed in the shafi madhab and for this reason sister's are attracted to the madhab. May Allaah forgive them.

[Islamiyyah]

Fiqh isn't like hop scotch! There's a lot of intricate detail to it.

Did I say it was hopscotch? I have chalk if you like.


What the Prophet Muhammed (saw) was clear. What do we need to pick apart from that statement? Its funny how some brothers want to pick and clean some ahadith and statements, but when it comes to other things such as keeping your wife at home or marrying more than one woman there is no problem and the hadith or ayah in the Qur'an is oh so clear.

[isha-h]

but when it comes to other things such as keeping your wife at home or marrying more than one woman there is no problem and the hadith or ayah in the Qur'an is oh so clear.

Why is it that when a brother states something to a sister which she finds disagreeable, this same, age old argument gets rolled out time after time.

[Islamiyyah]

Why is it that when a brother states something to a sister which she finds disagreeable, this same, age old argument gets rolled out time after time.

Because its true. Thats why.