Summary of the Issue

Bauchi, Nigeria. 2008. Newly-married couple Hauwa Idriss, right, and Umar Ahmed, from Nigeria’s heavily Muslim North, smile as they pose for a photograph shortly after their wedding. Photo Credit: Sunday Alamba/AP Images.

The United Nations Universal Declaration of Human Rights states that marriage shall be entered into only with free and full consent of the intending spouses.¹ Likewise, Islam protects women’s freedom to choose her own marriage partner and describes the marital relationship as one of “affection and mercy.”² The Qur'an states: "And among His signs is that He created for you mates from among yourselves that you may live in tranquility with them, and He has put love and mercy between you; Verily, in that are signs for people who reflect.”³

There are ample examples in the Sunnah, practices of the Prophet, where the Prophet protected a woman’s right to choose her own spouse and even nullified the agreement if forced against her will. Ibn Abbas reported that a girl came to the Messenger of God, Muhammad, and she reported that her father had forced her to marry without her consent. The Messenger of God gave her the choice, between accepting the marriage or invalidating it. In another version, the girl said: "Actually I accept this marriage but I wanted to let women know that parents have no right [to force a husband on them].”⁴

However, in many Muslim-majority countries, where Islamic law has been saturated with patriarchal interpretations, some women do not have the right to choose their own spouse and are forced to have their wali, or guardian, contract the marriage on their own behalf.⁵ Women are robbed of their decision-making power to choose their life partner, which is particularly problematic in patriarchal societies where the husband can become an authoritative leader in the household. There are some regions in the world where arranged marriages are the norm and women do not have much say in their future. This goes against Islamic teachings as by definition marriage is to be voluntary and a union of two willing people.

The freedom to choose a marriage partner was the topic for one installment of the Doha Debates, a debate program, televised by BBC News, that examines controversial political and cultural issues of the Arab World. After the debate an audience of more than 350 people voted 62 percent in favor of a motion that Muslim women should be free to marry anyone they choose.⁶ Muhammad Habas, Muslim cleric and member of the Syrian Parliament, stated: “Islam has given women full human rights, and respect[s] her choice about her marriage. It's very clear in Islam there is no compulsion in religion. ... Because of that, we believe the woman in Islam has a right to choose her spouse.”

[1] Universal Declaration of Human Rights, Article 16
[2] (Quran. 60:21).
[3] Quran 30:21
[4] Ibn Maja, No. 1873
[5] Al Hibri, Islam, Law, and Customs. Redefining Women’s Rights.
[6] The Doha Debates: Arranged marriages should end for Muslim women.