Can a Father Compel His Adult Virgin Daughter to Marry?

Answered by Shaykh Irshaad Sedick

Question

In the Shafi’i and Maliki schools, does a guardian have the right to compel a marriage upon an adult virgin, and does her silence count as agreement?

Answer

In the Name of Allah, the Most Merciful and Compassionate. May Allah’s peace and blessings be upon His Messenger, Muhammad (Allah bless him and give him peace).

If you are the young woman this question concerns, please know that Allah sees your wishes regarding your marriage and His Sacred Law honors them. Many of these rules were created to protect people in your situation.

Both schools agree that a father’s right to compel marriage for his virgin daughter continues after she becomes an adult, but there are conditions to protect her.

When asked for permission, her silence is taken as agreement. This respects her modesty, rather than forcing consent she does not give.

The Shafi’i School

The main view is that the father, and after him the paternal grandfather, can arrange the marriage of a virgin without her permission, whether she is a minor or an adult.

Seven conditions apply: there is no clear conflict between her and her father, no clear conflict between her and the suitor, the suitor is a suitable match, he can pay the dowry, she receives the standard dowry for her peers in local currency, the suitor is not someone whose company would be a hardship for her (like a blind or elderly man), and she is not required to perform hajj that year.

Of these, three affect the contract’s validity: no conflict, suitability, and the suitor’s ability to pay. Once she is mature, it is recommended to ask her permission. [Nawawi, Minhaj al-Talibin; Shirbini, Mughni al-Muhtaj; Keller, Reliance of the Traveller, m3.13]

After she has been married and the marriage is consummated, she is considered previously married (thayyib). At that point, no guardian can arrange her marriage without her clear permission. Her silence is not enough anymore.

The Maliki School

The Maliki school has its own approach to this question.

Since SeekersGuidance does not have active Maliki faculty, it is best to ask a qualified Maliki scholar for a reliable explanation and how it applies to your situation.

The Silence Rule

The Prophet (Allah bless him and give him peace) said, “A woman who has been previously married has a greater right to her own affairs than to her guardian, and as for a virgin, her permission is required and her silence constitutes her consent.” [Muslim]

Looking at the ruling mentioned above, the hadith makes clear how a virgin’s consent is expressed, not whether it is necessary.

In the case where a guardian other than the father or grandfather is responsible for arranging the marriage, her consent is required, and her silence is taken as consent.

If the father arranges the marriage, exercising his right of compulsion, then her consent is not required, and her silence is regarded as agreement. In each instance, Sharia treats silence leniently, on the grounds that a young woman might be too shy to speak.

Principle and Practical Guidance

The Shafi’i jurists consider compulsion to be a trust which they carry out for her advantage, and it is precisely those conditions which maintain it in that form. The basic principle is that harm shall not be caused nor shall harm be returned.

The Prophet (Allah bless him and give him peace) said, “[Let there be] no harm or reciprocation of harm.” [Ibn Maja; Malik; Daraqutni]

Khansa’ bint Khidham al-Ansariyya (Allah be pleased with her), who had previously been married, went to the Prophet (Allah bless him and give him peace) since her father had arranged her marriage against her will; the Prophet then canceled it for her. [Bukhari]

You should ask her, hear her reply, and only proceed if she is happy. In the case where a father arranges his daughter’s marriage despite her clear objection, even if he adheres to the literal meaning of the law, jurists consider this to be wrong.

When giving advice to a family, it is important to obtain their clear consent, put it in writing, and then abide by your country’s civil laws, since these laws are also intended to protect them.

And Allah knows best.

[Shaykh] Irshaad Sedick
Checked and Approved by Shaykh Faraz Rabbani

For related guidance, see What Is the Evidence for Wilayat al-Ijbar?, How Does a Previously-Married Woman Have More Right to Herself than Her Guardian?,

and What Is the Explanation of Consent of a Virgin and Non-Virgin in the Context of Marriage?.

Shaykh Irshaad Sedick was raised in South Africa in a traditional Muslim family. He graduated from Dar al-Ulum al-Arabiyyah al-Islamiyyah in Strand, Western Cape, under the guidance of the late world-renowned scholar Shaykh Taha Karaan (Allah have mercy on him), where he taught.

Shaykh Irshaad received Ijaza from many luminaries of the Islamic world, including Shaykh Taha Karaan, Shaykh Muhammad Awama, Shaykh Muhammad Hasan Hitu, and Mawlana Abdul Hafeez Makki, among others.

He is the author of the text “The Musnad of Ahmad ibn Hanbal: A Hujjah or not?” He has been the Director of the Discover Islam Centre, and for six years, he has been the Khatib of Masjid Ar-Rashideen, Mowbray, Cape Town.

Shaykh Irshaad has fifteen years of teaching experience at some of the leading Islamic institutes in Cape Town). He is currently building an Islamic podcast, education, and media platform called ‘Isnad Academy’ and has completed his Master’s degree in the study of Islam at the University of Johannesburg. He has a keen interest in healthy Prophetic living and fitness.