What is the ruling on one who married off his daughter without her consent, then agreed with the husband to divorce her, whereupon the husband betrayed them, abducted the wife, and raped her?
The father is not permitted to force his daughter into marriage without her consent, as this contradicts the command of the Prophet, peace and blessings be upon him, and because of the problems it causes. Marriage is considered valid by the majority of scholars if her father marries her off without her permission. However, the Hanafis believe that a mature virgin has the right to annul the marriage if she was married without her consent. If the wife is harmed by the marriage, she has the right to seek divorce from the court. What the husband did, in terms of abduction and rape, is not considered a sin upon him as long as she is his wife.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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