Forced to marry and prevented by husband from studying
Fatwa No: 90809

Question

My question is twofold, I hope you can still answer. One of my students, newly arrived here and taking her first steps in education, has recently been prevented from studying. Her father insisted she got married, although she didn't want to. Her husband has refused to allow her to come to college. My understanding of Islam is that education is encouraged for men and women, and that the pursuit of knowledge (she wanted to become a doctor) is valued. Is her husband wrong to deny her the opportunity to learn? Secondly, I also believed that marriage had to be freely entered into; how can the right to refuse be nullified by the obligation to obey one's parents if they insist on someone doing something they don't really want to do. Was her father wrong to force her into marriage? Will she ever be able to fulfill her dream?

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.

 

It is not permissible for a guardian to oblige a virgin mature girl who has a sound judgement to marry; as according to the most preponderant opinion of the scholars her consent should be sought. It is confirmed that the Prophet said: "A Thayyib (divorced or widowed) and a virgin may not be married off except with her consent. They [the companions] asked: "What is her consent? [as she is shy and does not respond].  The Prophet, Sallallaahu Alayhi wa Sallam, said: "Her silence is a sign that she agrees." [Al-Bukhari and Muslim]

It is acceptable for a guardian to tell the girl to marry and try to convince her. She should be pleased with whomever her guardian is pleased with, as in general the guardian looks to what would be to the best of her interest, especially in this era where afflictions and temptations are widespread.

If the husband prevents her from continuing her studies she is obliged to obey him as she is religiously obliged to obey her husband in what is permissible. Her obedience to him is even more confirmed if these studies entail committing some religious infractions like being in forbidden mixing and the like.

This is of course if she did not put a condition when signing the marriage contract to pursue her studies because if she had conditioned to continue her studies he is obliged to fulfil this condition if studying does not involve committing a prohibition as we already mentioned, as the Prophet said: "The conditions that deserve more right in being fulfilled are those with which you made the private parts of your wives lawful."

Allaah Knows best.

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