Parents Had Him Married without His Consent
Fatwa No: 85099

Question

I'm a 25-year-old man who has a problem. My problem is that my parents back home made Nikah for me without my consent. I didn't give them Tawkiil to marry me and I didn't know about it. I want to marry someone else. Is this marriage that happened without my permission valid. Do I have to divorce this girl who I don't even know or do I consider it as it didn't happen?

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger.

Scholars state that if the father marries his adult, mature and sane son who is not with him in the same place and the son denies that marriage as soon as the news comes to him and refuses to accept his father's decision, then this marriage becomes null and void, and neither the son nor his father are supposed to pay the Mahr (bridal money) for the woman with whom the contract was established. But, if this son does not react after hearing the news of the marriage and if he accepts people's Du'a’a and congratulations on the occasion, then he should pay half the Mahr if he expresses his refusal of his father's act later on. Now, even if he expresses his desire to continue with this woman, he should not do so except with a new marriage contract because of his refusal and his denial of the marriage in the first place.

So, if you expressed your refusal to accept this marriage as soon as you heard of it, then this marriage is invalid and you are not responsible of anything related to it.

As for your marriage to another girl, then there is no harm in doing so. But we advise you to consult your father, seek his advice and try to convince him in a good manner as this is part of your being kind to him as you should be.

For more benefit that parents don’t have the right to force their children to marry someone they don’t like, please refer to Fataawa 87750, 92731, 86777, and 134358.

Allah knows best.

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