Fatwa No : 82500
An adult boy and girl contracting marriage on their own without the consent of their guardians.

An adult boy and girl contracting marriage on their own without the consent of their guardians.

What do the esteemed scholars say regarding the following issue that I entered into a court marriage with one of my relatives, who is my mother’s paternal cousin. The reason for the court marriage was that the boy’s family was not agreeing, so the boy and the girl, with mutual consent, went ahead and did the court marriage. Now, however, the boy’s brothers are beating and threatening him, saying that he must divorce this girl, and that under no circumstances are they willing for him to keep her. But the boy is still not willing to divorce, nor is the girl willing. We want to know that in this situation, is it permissible according to Shariah for the boy’s family to pressure him, use violence, and force him to give divorce? What is the ruling for them? Since in the case of divorce, the girl’s life will be ruined. Kindly guide us with the Shari ruling.

الجوابُ حامِدا ًو مُصلیِّا ً

Contracting marriage independently, without the consent and permission of the guardians, is an act of great audacity and immodesty. In respectable families, such a marriage is regarded as highly disgraceful, and because it lacks the blessings and prayers of the elders, it often ends in divorce or dissolution. Therefore, the questioner and her husband should make efforts to persuade their parents and relatives to accept this marriage, and they should also apologize to them for their mistake so that their future life does not become miserable. As for the behavior of the boy’s brothers and relatives, it is extremely inappropriate and contrary to Shariah, and they must refrain from it. However, if they persist in such conduct, then legal protection may be sought.

مأخَذُ الفَتوی

كما في سنن الترمذي: عن ابن عمر قال: صعد رسول الله صلى الله عليه وسلم المنبر فنادى بصوت رفيع، فقال: «يا معشر من أسلم بلسانه ولم يفض الإيمان إلى قلبه، لا تؤذوا المسلمين ولا تعيروهم ولا تتبعوا عوراتهم» اھ (4/ 378)۔