Introduction
Marriage is a deeply significant institution in both religious and cultural contexts. In many societies, including Pakistan, parental involvement in the marriage process is customary. However, the question arises: Do parents have the right to force their daughter to marry without her free will and consent? If answer of this question in No, what are the legal rights of such daughter under prevalent Pakistani law.
Islamic Perspective on Forced Marriage
Consent is Fundamental in Islam. Marriage (Nikah) is a solemn contract that must be entered into willingly by both parties. The consent of the bride and groom is an essential requirement for a valid Islamic marriage.
Sahih Bukhari Hadith 5136
Narrated by Abu Huraira:
The Prophet Muhammad (PBUH) said:
“A previously married woman should not be married without her command, and a virgin should not be married without her permission.”
When asked how a virgin’s permission could be known, he replied:
“Her silence (indicates her permission).”
This Hadith confirms that both previously married and virgin women must express consent for the marriage to be valid. Silence, in the case of a shy virgin, may be taken as implicit consent — but lack of consent invalidates the marriage.
Sahih Muslim Hadith 1419
Narrated by Ibn Abbas:
“A virgin girl came to the Prophet (PBUH) and mentioned that her father had married her off against her will. So the Prophet gave her the choice (to accept or annul the marriage).”
This hadith clearly shows that forced marriages are against Islamic principles and can be annulled.
Sunan Abi Dawood, Hadith 2096 (Authentic)
A woman named KhansabintKhidam said:
“My father married me to his nephew, and I did not like it.”
The Prophet (PBUH) replied:
“Then this marriage is invalid. Marry whomever you wish.”
This emphasizes a woman’s right to accept or reject a marriage proposal.
Sahih Ibn Majah, Hadith 1873
Narrated by Aisha (RA):
“Seek the permission of women in marriage. If they are silent, that is their permission. If they refuse, no nikah should be performed.”
Islamic Legal Consensus
All major Sunni schools of thought including Hanafi, Shafi’i, Maliki, Hanbali and Shiamore or less agree on the following principles:
- Consent is mandatory for a valid marriage.
- A marriage without the explicit or implied consent of the bride is either invalid (fasid) or subject to annulment.
- The Prophet (PBUH) annulled marriages that were conducted without consent.
- The role of the wali (guardian) is to protect and advise, not to impose.
Islamic law clearly mandates mutual consent in marriage. Any marriage conducted under coercion is invalid in the sight of Allah.
Forced Marriage as an Offence in Pakistan
The Supreme Court of Pakistan and Federal Shariat Court have declared marriage without consent as a violation of constitutional rights promised under Article 9 (Life, Liberty and Security of person) and Article 14 (Dignity of person).
Accordingly,Pakistani law criminalizes forced marriages under the Pakistan Penal Code (PPC) and other relevant legislation:
- Section 498-B on Forced Marriage
Any one including parents, family members or other persons for compelling, forcing, arranging or facilitating forced marriage of a girl in Pakistan without her free consent or permission are punished with imprisonment of up to ten years and a fine equivalent to PKR 10 Lakh.
- Section 310-A on Vani/Swara (Marriage as Dispute Settlement)
Any one offering a woman in marriage with or without her free consent, to settle a dispute is punishable by 3 to 7 years of imprisonment and a fine of PKR 5 Lakh.
- Section 498-C – Marriage with the Holy Quran
Any once who force or arrange a woman’s marriage with the Holy Quran is also punishable by 3 to 7 years in prison and a fine of PKR 5 Lakh.
Can Forced Marriage Be Annulled?
Forced Marriage under law and Islam is irregular (fasid) and voidable, which means that woman forced to marry against her free consent and permission can annul such marriage?
How Forced Marriage Can Be Annulled?
Forced Marriage is strong ground which can be used by a woman forced to marry against her free will and consent to seek dissolution of marriage on principles of khula
Can Women Forced To Marry Against Free WillClaim Compensation?
A woman forced to contract marry against her free will and consent can proceed to file claim of damages/compensation against any person including her parents, family members or other persons to pay damages for breach of her legal rights.This right is in addition to right for seeking khula and for initiating criminal action against persons involved.
Conclusion
Forced marriage in Pakistan is illegal, immoral, and unconstitutional. If you or someone you know is a victim, the law is on your side. Whether it’s through criminal charges, divorce proceedings, or compensation claims, there are legal paths available to seek justice and reclaim your freedom.
