Author(s):Dr. Niaz Muhammad/Kalsoom Bibi
Abstract :
Man and woman jointly shoulder the sacred responsibility of building the human society. Interestingly, nature has gifted cross inclined emotions in each one and, then, each desires for the other to accomplish the chapter of his life in the shape of marriage. Such relation which will be lifelong cannot be possible without the conformity of thought, understanding, taste vision, belief and temper. As a rationale, mutual consent and harmony must be ascertained for such an important relation. In this paper, the freedom of choice in selection of life partner in respect of the girl is discussed in the light of documentary evidences of Qur'an and Hadith as well as circumstantial evidences of Sunnah. It has been brought forward that the commentators of holy Quran have expressed if someone gets married with girl without her consent/permission, then the Nik┐╒ would not be permissible (Halal) and it would stand cancelled. Such kind of Nik┐╒ does not establish legal conjugal relations nor does it prove the lineage and inheritance, accordingly. Similarly, there is a great deal of circumstantial evidences in the period of Prophet (SAW). Many cases had happened in which girls were married without their consent by their fathers and the cases were reported to the Prophet (SAW) he cancelled the Nik┐╒ and assigned the decision of marriage to the girl. Therefore, it is proved in this paper that woman which are considered bind in our society now a days, Islam has never been bound them