Question (Q-93)
Zaid wants to marry Aminah. Zaid’s family wants to marry him to someone else without his approval. What is the Islamic ruling in this regard?
Answer:
With the Name of the All Knowing
Zaid is permitted according to Islamic Law to marry any woman of sound belief he wishes to (with whom marriage is legally permissible). Zaid’s family do not have the right to perform his marriage without his consent. Nevertheless it will be a means of blessings for Zaid if he marries with the approval of his family members especially his parents.
Allah the Almighty states,
فانكحوا ما طاب لكم من النساء
“Marry the women who you like.” (Sūrah Al-Nisā’ 4:3)
Mullā Aḥmad Jīwan (Allah shower mercy upon him) wrote in the exegesis of this Verse in Al-Tafsīrāt Al-Aḥmadiyyah,
وعلى هذا التقدير معنى طاب لكم ما هو الظاهر وإن احتمل أن يكون بمعنى ما أحلّ أو ما بلغ يعنى فانكحوا ما طاب لكم من حيث السن والجمال والكمال والمال
“Based on this, the meaning of “the women who you like” is what is apparent. There is a possibility of it being in the meaning of the women with whom marriage is permissible or the women who are adults. Thus the meaning is those who are desirable to you in terms of their age, beauty, perfection and wealth.”
It is stated in Radd al-Muḥtār, Volume 4, Page 155,
ولا تجبر البالغة ولا الحر البالع
“The female adult cannot be forced (into marriage) and nor can the free male adult.”
It is stated in Ṣaḥīḥ Al-Bukhārī,
عن أبي هريرة رضي الله عنه عن النبي صلى الله عليه وسلم قال تنكح المرأة لأربع لمالها ولحسبها وجمالها ودينها فاظفر بذات الدين تربت يداك
It is narrated by Abū Hurayrah (Allah be pleased with him) that the Prophet ﷺ said, “A woman is married for four reasons: due to her wealth, due to her lineage, due to her beauty and due to her religion. Attain the one who is religious. Your hands be filled with dust!”
Therefore Zaid is permitted to marry whichever woman of sound belief he wishes to whilst taking into account the considerations of compatibility (kufw). He cannot be forced into marriage. Nevertheless Zaid will attain blessings if he gives preference to religious character when marrying. Similarly gaining the approval of his family will be a means of blessings.
And Allah knows best and His Knowledge is Complete and Sublime.
Written by: Shaykh Omar Khan (Allah preserve him)
Verified by: Mufti Shamsulhuda Khan Misbahi (May Allah preserve him)
