Muslim Marriage FAQs

We have compiled a list of frequently asked questions on legal and religious marriage and divorce. These are designed to help individuals understand the law and their rights, enabling them to make informed decisions.

11. What do we mean by ‘consent’ to marry?

The Prophet (SAW) said:
“When one of you wants to give his daughter in marriage, he should take her permission.” [as-Sahihah No.1206]

Both bride and groom MUST consent to the wedding by agreeing to marry the other person.
It is usual practice for men to be present and give their consent at the Nikah ceremony.
In some cultures, the bride is not present at the ceremony itself and her consent is conveyed by her wali.
If a parent or a guardian contracts a Nikah without getting the bride’s permission, that marriage is void.
Shaykh Qudri Basha (RA) states:
“An adult free woman may not be forced to marry, whether she is a virgin or a non-virgin. Rather, it is necessary to seek her permission and approval. If she is a virgin and her immediate guardian (wali) or his agent (wakeel) or messenger (rasul) seeks her approval before marrying her off… and she knows the husband and the dowry, and remains silent from refusing, without being forced…, then this is considered an approval.” (Al-Ahkam al-Shar’iyya fi ’l-Ahwal al-Shakhsiyya P: 33, Item no 53) [See further, Q14 below]
Where an adult Muslim is vulnerable or their mental capacity is unclear, it must first be established that they have the mental capacity to understand the situation and make decisions and willingly enter into a marriage with understanding of what that entails. Without this, they are unable to consent to marry.

12. My father says he knows me well and will choose a suitable husband for me. Is that allowed?

This depends on how you feel about it and whether your father is still giving you the choice to refuse to marry the person he suggests for you. In some Muslim cultures, it is the norm for parents to introduce their children to prospective spouses. However, you MUST still consent and agree to marry them of your own free will.
If you do not consent and agree, and you are compelled to marry anyway, that would amount to a forced marriage which is a criminal offence. You should contact the Forced Marriage Unit (www.gov.uk/guidance/forced-marriage ).
Ideally, parental guidance and advice would be beneficial in helping you make a wise and sensible decision when choosing a life partner. However, Islamic law does not allow forced marriage. Any marriage without the consent of either the bride or groom or both is considered batil or invalid and can be annulled.

13. Does the consent of the bride to her Guardian need to be witnessed?

There is no requirement for witnesses to be present when a guardian or wali seeks permission from a bride for her Nikah. The marriage would still be valid even without witnesses at that stage.
However, scholars recommend having witnesses present if there is any chance of future disagreement or denial between the bride and her wali. To prevent disputes, you may also consider recording the bride’s consent in writing with her signature, as clear proof of agreement.
It is stated in Al-Fatawa al-Hindiyya:
“Appointing an agent for marriage [i.e. the bride giving her consent to the Wali or agent] is valid even if witnesses are not present.” (Al-Fatawa al-Hindiyya 1/294. The same has been mentioned by Ibn Abidin in his Radd al-Muhtar ala ‘l-Durr al-Mukhtar 3/21)

14. Can a bride’s silence be taken as consent to the marriage?

Only where her guardian or wali is representing her at the Nikah and seeking her consent prior to it. Here, the guardian must seek a woman’s permission for the Nikah. For a woman who has not previously been married, she may be silent when asked, and her silence may be understood as consent if it is out of modesty or shyness, and not because of reluctance or disapproval.
This is entirely a personality issue and reflective of the cultural norms within your community. Doubtless, most young women in England and Wales would probably not be silent when asked for their consent.
If the bride personally attends the Nikah ceremony, she must explicitly and verbally pronounce the offer or acceptance in order for the marriage to be considered valid. She cannot stay silent and if she does, this is not valid consent.

15. Can a woman ask to verify the identity and immigration status of a man who she is considering for marriage?

It would be advisable, wise and prudent for a woman to check the identity and citizenship status of a man she is considering for marriage, and to find out about his character by talking to those who know him well.
A person’s immigration status will have important implications on the requirements for current and future visa applications and both spouses will need to provide information about themselves and that the relationship is genuine.

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