She was forced to marry someone she did not want. Can she use contraceptive pills?

 

I got married a short time ago, but I am not happy with my husband. My family forced me to marry him. My problem is that I do not want to have children from him. Is it permissible for me to pray to Allaah not to give me children from him, or is that not permitted? I have read that it is not permissible to use contraceptive pills without the husband’s permission. Is this true?.

Praise be to Allaah.
 

 

It is not permissible for the guardian, whether he is the
father or anyone else, to marry off anyone under his care without her
consent, because the Prophet (peace and blessings of Allaah be upon
him) said: “A previously-married woman has more right concerning herself
than her guardian, and the permission of a virgin should be sought
(regarding marriage), and her permission is her silence.” Narrated by
Muslim, 1421. 

It was narrated from Abu Hurayrah (may Allaah be pleased with
him) that the Prophet (peace and blessings of Allaah be upon him) said:
“No previously-married woman should be married off without being consulted,
and no virgin should be married off without asking her permission.” They
said: “O Messenger of Allaah, what is her permission?” He said: “If she
remains silent.” Narrated by al-Bukhaari, 4843; Muslim, 1419. 

Similarly, it is not permissible for a guardian to be
stubborn about the marriage of a female under his care, or to prevent her
from marrying someone she wants to marry if he is compatible with her. The
Prophet (peace and blessings of Allaah be upon him) said: “If there
comes to you one with whose religious commitment and character you are
pleased, then marry (your female relative under your care) to him, for if
you do not do that there will be fitnah (tribulation) in the land and much
corruption.” Narrated by al-Tirmidhi, 1084; classed as hasan by al-Albaani.
See also question no. 32580. 

With regard to what has happened to you, you have the choice
of whether to stay or not. Seek guidance from Allaah (by praying
istikhaarah). If you agree to stay in this marriage then all well and good,
but if you do not accept to stay with your husband, then you have the right
to seek annulment of the marriage, because it took place without your
consent. 

It was narrated from Khansa’ bint Khizaam al-Ansaariyyah that
her father married her off when she had been previously married, and she did
not like that. She went to the Messenger of Allaah (peace and blessings
of Allaah be upon him) and he annulled the marriage. Narrated by
al-Bukhaari, 4845. And it was narrated from Ibn ‘Abbaas (may Allaah be
pleased with him) that a virgin girl came to the Prophet (peace and
blessings of Allaah be upon him) and told him that her father had married
her off against her objections. The Prophet (peace and blessings of
Allaah be upon him) gave her the choice. Narrated by Abu Dawood, 2096;
classed as saheeh by al-Albaani. 

The majority
of scholars are of the view that if a woman is married off without her
consent, then the marriage contract is invalid, because it is a forbidden
contract which cannot be validated. This is the view of the Shaafa’is and
Hanbalis. 

The view of the Hanafis, which was also narrated in one
report from Ahmad, is that the contract is dependent upon the woman’s
acceptance. If she gives her consent then it is valid, otherwise she may
annul it.

 See al-Mughni, 7/364; Fath al-Baari, 9/194 

But so long as the court is in charge of marriages, it is
better to refer such matters to the court. 

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said,
concerning the matter of a father forcing his daughter to marry: It is
haraam for a man to force his daughter to marry a man whom she does not want
to marry, and what is haraam cannot be validated or implemented, because
implementing it or validating it goes against the prohibition that has been
narrated.  When sharee’ah forbids a matter, then we should not be involved
in it or do it. If we validate it, that means that we have becomes involved
in it and done it, and we have made it equivalent to the contracts that are
permitted in sharee’ah. 

Based on this, the correct view is that the marriage arranged
by the father to a man whom his daughter does not want as a husband is an
invalid marriage, and the contract is invalid, and should be examined by the
court. 

See al-Fataawa, p. 760; see also Fataawa al-Shaykh
Ibn Ibraaheem, 10/73-78 

With regard to your taking contraceptive pills without your
husband’s knowledge, this is not a solution to the problem, because this
means that you are staying with one whom you do not like. As stated in the
fatwa of Shaykh Ibn Ibraaheem mentioned above, some of the scholars have
stated that if a women shows that she accepts her marriage to someone to
whom she was married by force, then she forfeits the right to seek annulment
of the marriage. If she forfeits the right to seek annulment, then the man
becomes a legitimate husband to her. If that is the case, then it is not
permissible for you to take contraceptive pills without his knowledge, if
there is a need for that. 

See also question no.
5196, 22760.