In ancient times, people in cities, villages, and other areas would force girls into marriage. Fortunately, this tradition exists only among a small group of people today. In the following, we aim to familiarize you with the religious ruling on forced marriage. Stay with us on SaadNews.
What is the religious ruling on forced marriage?
A forced marriage is one in which the girl, boy, or both are not willing to start a life together. In most cases, it is women who are forced into such marriages. In the past, forced marriages were more common, but today, they still occur in some parts of the world, especially in rural areas of developing countries. Families may force their children into marriage for reasons such as wrong traditions, poverty, etc. One of the most painful forms of forced marriage is when a young girl is married off to an older man. Such marriages may be imposed by parents, guardians such as older brothers, uncles, or even by tribal customs. Forced marriages of children occur worldwide but are more prevalent in impoverished regions and countries or cities with economic instability. When a child gets married, her childhood world turns into a world full of responsibilities as a married woman, and sometimes even as a mother. Awareness of the harms of child forced marriages, fighting poverty, and legal protection of children could end this harmful practice.
Religious Ruling on Forced Marriage
All religious scholars agree that the consent of both the man and the woman is a condition for a valid marriage, and without it, the marriage is invalid, and no formal divorce is needed for separation.
Ayatollah Sistani: The marriage is invalid, the act of intimacy is unlawful, and any children born from this relationship are considered to be born out of suspicion.
Ayatollah Makarem Shirazi: The marriage does not occur, and any intimate relations have the ruling of adultery. The children are not considered legitimate, and if the father forces this marriage, he has committed a major sin. However, if the woman is forced to continue the marriage, the child born is not considered illegitimate.
Ayatollah Hadi Tehrani: The consent of the girl is a condition for a valid marriage. If this condition is not met, the marriage is invalid, intimacy is prohibited, and if the girl is forced into intimacy and does not agree even moments before the marriage, the child born is considered illegitimate.
Ayatollah Khamenei: If the man or woman, or one of them, is forced into marriage and later agrees and expresses satisfaction with the contract, the marriage is valid.
Ruling on Forced Marriage Between Cousins (Nahwe)
Among the Arab nomads in Khuzestan, there is a custom called "Nahwe," where a girl is forced to marry her cousin or another close relative and is prohibited from marrying others. This practice is religiously prohibited, and it should be avoided unless both the man and the woman voluntarily agree without coercion.
Legal Ruling on Forced Marriage
According to Article 202 of the Civil Code, coercion refers to actions that affect a person’s mind, threatening their life, property, or honor in a way that would be intolerable. Therefore, the law defines coercion as a particular type of force.
However, coercion under the law comes in different forms:
Coercion to the point of compulsion: If the coercion reaches a level that removes the person’s will and choice, the contract is invalid due to the lack of intention, and later consent does not validate the contract. An example of this is when a girl is so afraid that she does not understand the meaning of the words she is uttering. Article 1070 of the Civil Code (unless the coercion is to the extent that the contract maker lacks intention) points to this kind of coercion because, according to Article 191 of the Civil Code, intention is a key element of a contract.
Coercion where the threat is not credible: According to Article 206 of the Civil Code, if the person being threatened knows that the threat is not likely to be executed or if they can easily avoid the coercion, they are not considered coerced.
Coercion under duress: If a person acts under duress, the action is valid. (Article 206 of the Civil Code). If a girl agrees to marry just to escape family pressure, she is not considered coerced.
The legal outcome of such a marriage, in cases of lack of consent from one of the parties, according to Article 1070 and the general principles of coercion contracts, is that the marriage is not valid. The person who was coerced must decide whether they will later agree to validate the marriage. If they agree, the marriage is considered valid, but if they do not agree, they reject it. This protects individuals from external pressures and threats that may force them into marriage contracts they do not want.
