An Islamic View Point

Marriage in Islam: Considered from a Legal Point of View
by Dr. Ahmad Shafaat (1984)  

 

From a legal point of view Islam views marriage as an 'aqd or contract. Like any other contract the marriage contract requires full and free consent of the parties concerned. The parents or guardian of any of the parties may give advice, choose a marriage partner or use persuasion, but the final decision to enter into a marriage must be the result of a free choice on the part of each partner, even though this freely made choice may consist of nothing but accepting the choice of one's parents or guardian. This right of free choice is fairly well recognized in the case of men but (unfortunately) not in the case of women. In the Holy Qur'an we read:

"Do not inherit women against their will" (4:19)

And in Hadith we find traditions like the following:

"Khansa bint Khidhan who had a previous marriage, related that when her father married her and she disapproved of that, she went to the Messenger of God and he revoked her marriage." (Bukhari, Ibn Majah) "A [girl who was not married] came to the Messenger of God and mentioned that her father had married her against her will, so the Prophet allowed her to exercise her choice." (Abu Da'ud, on the authority of Ibn 'Abbas)

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