Marriage Contracts and Forced/Un-consented Marriages
The marriage contract is concluded between the guardian (wali) of the bride and bridegroom, not between bridegroom and bride. Guardian (wali) of the bride can only be a free Muslim. The wali of the bride is normally a male relative of the bride, preferable her father. If the bride is an virgin, which is supposed for the first marriage, the wali can force the bride into the marriage even against her proclaimed will, if the wali is the father or the paternal grandfather of the bride. Such a wali is called wali mujbir, which means wali with the right of coercion. Walis other than the father or the paternal grandfather of the bride need the consent of the bride. If the bride is a virgin, silent consent is sufficient. According to the Hanafi school of shari'a law every wali, who is a blood relative, can force an underage virgin in marriage without her consent. But such a forced marriage by an wali other than her father or the paternal grandfather can be demanded to be declared void (faskh) by the qadi, when the she is coming on age.
Read more about this topic: Marriage In Islam
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