Bohra boy says: July 4, 2014 at 4:09 am
Dear Sir,
A 26 year old bohra caste girl was forcefully made to enter into a nikaah with a boy from her own community due to family pressure. They literally used her fathers critical health condition as an excuse to impose this marriage on her. The girl is unhappy with this arrangement and is not willing to accept this forced marriage. According to Islam, a forced marriage is considered null and void as the girls consent was a forced consent and not mutual.
Usually with bohra marriage, a nikaah is followed by a reception or walima as they say. But the girls family have still not fixed the reception date. So there has been no reception and no consummation of the marriage. The girl believes she still has a chance to get out of this. The girl also spoke to the boy for divorce but the boy outright refused saying he will never leave her. She also approached her father who is in better condition now for granting her the right to seek divorce, to which he too refused saying it is a matter of his prestige.
The girl now wants to end this forced nikaah and seek divorce.
1)What are her rights and which governing body should she approach?
2)Does she have the right to leave the house?
Please guide.
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Muslim girl in love with a Hindu but engaged to a Muslim
This is a complex case. First, Nikaah is nikaah, now she is married (with or without the party). After marriage, it is always good to see if that could work out. However, the girl is a free human being and she has rights to get divorce if she wishes (unless living in an Islamic country, we hope not!).
For divorce after Nikaah, probably you have to consult muslim adults and that will be difficult. Court would be always an option but after nikaah it will be difficult (vs. other marriages).
Mac, your advise?
my advice, don`t do anything that harms her family, especially parents as they love her unconditionally