Is a marriage contracted under duress valid, and what is the ruling on compelling one's wife to have intercourse; is that considered a form of adultery?
It is forbidden for the guardian to force a woman to marry someone she does not desire. The and the Quran command that marriage be based on affection and mercy, and coercion contradicts this. If a marriage contract is concluded under coercion, its validity is contingent upon the woman's approval. If she approves it, it becomes valid; if she does not, it is a void contract. In the event she does not approve, the matter must be referred to the judge to rule on the annulment of the marriage, due to the scholarly disagreement on the validity of this type of contract. If the woman is forced into sexual intercourse after a coerced contract, it is not considered zina (unlawful sexual intercourse) according to Sharia, due to the شبهة العقد (doubtfulness of the contract), but it is forbidden for the man to do so.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/5689
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 5689
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy