Woman has right to rescind forced marriage
27-10-2014 | IslamWeb
Question:
In Fatwa No : 87853 you say that the majority of scholars permit the father to force his daughter to marry someone she does not want to marry but in Fatwa No : 162499 it is said that you follow the opinion that the girl may be given away in marriage without her consent but she has the right to rescind it. Please clarify this. Do the majority of scholars allow the girl to rescind a marriage she was forced into?
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
The majority of the scholars are of the view that marriage is effective in this case and the girl has no right to rescind it. We favored the opinion that its continuity depends on her consent based on the evidence that was reported in this regard. The Prophet, sallallaahu ‘alayhi wa sallam, put up the matter in her hands. Ibn ‘Abbaas 
narrated that a virgin girl came to the Prophet, sallallaahu ‘alayhi wa sallam, complaining that her father married her off while she disliked her husband, so, the Prophet, sallallaahu ‘alayhi wa sallam, gave her the option (to rescind the marriage). [Ahmad, Abu Dawood and Ibn Maajah] This is a Saheeh (sound) Hadeeth.
It should be pointed out here that we must differentiate between two situations:
1. If her father forced her to marry that man despite her objection, and she never agreed to that at all, then, in this case, she has the choice: if she wishes, she may continue with what her father did (i.e. continue the marriage), and if she disapproves, she may rescind the marriage.
2. If the father exercises pressure on his daughter until she agrees to marry, while she does not like it but she is not compelled to marry, then the marriage in this case is effective and she does not have the choice (to rescind it).
Allaah Knows best.