A girl is not to be forced to marry against her will
26-11-2013 | IslamWeb
Question:
I need your help & guide.I'm 28 girl.I want to marry a boy. He like me & I like him.His family agree and only my mum is agree but my brothers and eldest brother wife is not agree for my marriage. My dad pass away 10 years ago. My eldest brother want me to marry with my bhabi brother, but I don't want marry him and also my mum told them 5 years ago, we not marry her daughter to your brother. But Last 6 months bhabhi making trouble with my brother and fight with him, and last 2 month she start more trouble with my brothers, mum & me. She saying I have to marry to her brother or she want divorce from my brother even she have 2 children.I want to tell you she live in Canada with my brother with 2 children and we live all family in Pakistan but she still not happy and make trouble in our family. Two week ago she send her mum, dad and brother in our home and they asking my hand from my mum but my mum said I told you long time ago we don't want to give my hand to your son and also I not agree for this marriage. My brother wife start making trouble and fight with my mum and brother. I went to my cousin home and she phones me why you left home and my family in your home and you staying your cousin. I told her my mum say to go and stay with cousin. But she starts fight with my brother and saying give me divorce now and in fight he give her divorce.Then she starts crying saying sorry every one for 2 or 3 days. My mum went to some scholars for this divorce happen or not they told she is divorce now and can't stay with my brother anymore. The only way they re-marry if she do Halala. Now everyone blaming me even my mum as well. Now she put term again if I marry to her brother then she can do Halala. Now everyone put pressure on me to marry her brother. I'm really very in tension and worry so much no one understand me and listen to me. The boy I like he good boy and do prayer five times a day and belongs to good family. what I do now in the light of Quraan & Sunnah.
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 
is His slave and Messenger.
If this boy is religious and has a good moral conduct, then your brother or anyone else has no right to prevent you from marrying him or force you to marry someone else. So, if your eldest brother is your Wali (guardian in marriage) and he refuses to give you in marriage without a sound reason, then this is a case of 'Adhl (preventing you from marriage without any sound reason). In this case, you have the right to take the matter to an Islamic judge to marry you off as the ruler is the guardian for those who do not have a guardian as we have already clarified in Fataawa 83394 and 225787.
However, if you are content with marrying the brother of your brother's wife as a way of putting an end to problems, then this is good.
On another note, if your brother has divorced his wife three times, then she is not lawful to him unless she marries another man with the intent of marriage [and consummates the marriage with him] and then he divorces her or dies.
As regards the marriage of a man who marries a woman just in order to make her lawful again for her previous husband who divorced her three times, then this marriage is invalid. For more benefit, please refer to Fataawa 87878 and 92332.
Finally, we warn your brother's sister against the mistake that she has made, namely creating problems with her husband and your mother in order to press you to marry her brother.
Allaah Knows best.