Coerced into marriage
Question :-
A Muslim girl refused to marry a boy which her family chose as a suitable partner. She wanted to marry another boy. However, the family beat her up and compelled her to accept the proposal of the boy selected by them. Under the circumstances, she accepted the proposal and the Nikah was performed in her home. Is the Nikah valid? The bride hasn’t spend any time in seclusion with her spouse as yet.
Answer:-
In the queried scenario, the Nikah will be considered as valid (due to the girl verbally consenting to the marriage) although such consent was granted under duress.
نكاح المكره صحيح (شامي ص87 ج4)
يستحق رِضَاهَا أَيْ يَصْدُر مَا مِنْ شَأْنِهِ أَنْ يَدُلَّ عَلَى الرِّضَا إذْ حَقِيقَةُ الرِّضَا غَيْرُ مَشْرُوط فِي النِّكَاحِ لِصِحَّتِهِ مَعَ الْإِكْرَاهِ وَالْهَزْلِ (شامي ص21 ج3)
However, it was incorrect for the girl’s family to have forced her into accepting the marriage proposal, particularly when she was not willing to consent to the marriage.
When girls are forced into marriages then such marriages do not last and terminate very shortly thereafter. There also exists the possibility of the girl eloping with the boy that she intends marrying and even getting involved in sin.
We therefore advise that the boy divorces her, thereby terminating the marriage. After all, the marriage hasn’t been consummated as yet, as only the Nikah was performed. It will therefore be easier now, in the sense that there is no Iddat for the girl if she is divorced immediately, and the boy will be required to only pay half the stipulated Mahr.