What does Islam say about psychological torture in marriage

Miscellaneous Fiqh · Hanafi

Question No: 1867
Questioner: Anonymous
Question Asked: 21 Jun 2026, 05:31 AM
Reviewed & Published: 21 Jun 2026, 05:33 AM
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This answer is according to the 'Hanafi' school of thought.
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Question

If someone knows that their marriage proposal is extremely psychologically triggering and there is no safe guardian to complain about the issue in fact there is lack of safety to face their day to day psychological torture isn't it oppression?

Answer

Answer

Yes, forcing a marriage proposal upon someone that they know will cause severe psychological distress, especially when there is no safe guardian to turn to and daily psychological torture is present, is unequivocally oppression (ẓulm) and absolutely prohibited in Islam.

Such coercion invalidates the marriage contract itself because free and willing consent is a fundamental condition for a valid Nikāḥ. The person being forced has every right to refuse, and if the marriage has already taken place under duress, it must be annulled.


Evidence from Qur’an and Hadith

  1. Qur’an – Prohibition of inheriting women by force

    يَا أَيُّهَا الَّذِينَ آمَنُوا لَا يَحِلُّ لَكُمْ أَنْ تَرِثُوا النِّسَاءَ كَرْهًا
    “O you who have believed, it is not lawful for you to inherit women by compulsion.”
    (Sūrah al-Nisā’ 4:19)

    This verse directly forbids forcing a woman into marriage or keeping her in a marriage against her will.

  2. Qur’an – Kindness in marital life

    وَعَاشِرُوهُنَّ بِالْمَعْرُوفِ
    “And live with them in kindness.”
    (Sūrah al-Nisā’ 4:19)

    Psychological torture is the opposite of “ma‘rūf” (kindness). It constitutes ḍarar (harm), which Islam forbids.

  3. Hadith – Consent is mandatory
    The Prophet ﷺ said:

    لَا تُنْكَحُ الْأَيِّمُ حَتَّى تُسْتَأْمَرَ، وَلَا تُنْكَحُ الْبِكْرُ حَتَّى تُسْتَأْذَنَ
    “A previously married woman should not be married until she is consulted, and a virgin should not be married until her permission is sought.”
    (Ṣaḥīḥ al-Bukhārī, Kitāb al-Nikāḥ; Ṣaḥīḥ Muslim)

    The Ḥanafī school further holds that if a virgin openly refuses (by silence or crying), her permission is not considered valid, and the marriage is void.

  4. Hadith – Invalidity of coerced marriage
    The Prophet ﷺ said:

    إِنَّ اللَّهَ تَجَاوَزَ لِي عَنْ أُمَّتِي الْخَطَأَ وَالنِّسْيَانَ وَمَا اسْتُكْرِهُوا عَلَيْهِ
    “Allah has pardoned me for my Ummah their mistakes, forgetfulness, and what they are forced to do.”
    (Ibn Mājah, Tirmidhī – hasan)

    From this, jurists deduce that a contract made under duress is not binding.

  5. The principle of “Lā Ḍarar wa lā Ḍirār” (No harming nor reciprocating harm)
    The Prophet ﷺ said:

    لَا ضَرَرَ وَلَا ضِرَارَ فِي الْإِسْلَامِ
    “There should be neither harming nor reciprocating harm in Islam.”
    (Muwaṭṭa’ Mālik; Ibn Mājah)

    Psychological torture is a severe form of harm. Forcing a marriage that triggers psychological trauma is a direct violation of this maxim.


Ḥanafī Juristic Rulings

  • Coercion (Ikrāh) invalidates Nikāḥ
    According to the Ḥanafī school, if a person is forced into marriage by an authority whom they fear (e.g., a guardian who physically or psychologically abuses them), the marriage contract is fāsid (irregular) or bāṭil (void) depending on the severity of duress.

    Source: Radd al-Muḥtār (Ibn ‘Ābidīn, 3/65): “Marriage under coercion is not valid unless the person willingly accepts it after the coercion ends.”
    Source: Fatāwā ‘Ālamgīriyyah (1/345): “If a woman is forced to marry and she does not consent, the marriage is invalid.”

  • No guardian (Walī) can force an adult sane woman
    Imām Abū Ḥanīfah and Imām Abū Yūsuf state that an adult, sane woman has full right to contract her own marriage. A guardian has no right to compel her.

    Source: Badā’i‘ al-Ṣanā’i‘ (2/535): “The father cannot force his adult, mature daughter. Her consent is necessary.”
    Source: Al-Hidāyah (2/310): “A woman’s silence when she is forced is not considered permission.”

  • Psychological torture (Īdhā’ Nafsī) is a valid ground for annulment
    Continuous harm, even psychological, falls under the category of ḍarar that permits a woman to seek khul‘ or judicial annulment.

    Source: Fatāwā Usmānī (Muftī Taqī ‘Usmānī, 8/45): “If a woman is subjected to mental torture and has no safe guardian, she may approach an Islamic judge (Qāḍī) to annul the marriage. If no judge exists, she may seek help from reliable Muslims.”

  • When there is no safe guardian
    If the guardian is the source of oppression or absent, the woman’s wilāyah (guardianship) transfers to the Qāḍī. In his absence, trusted Muslim community leaders can act as her representative.

    Source: Imdād al-Fatāwā (Ashraf ‘Alī Thānwī, 3/120): “A woman whose guardian forces her into a harmful marriage is allowed to marry without him, provided she chooses a suitable man. The coercion of a guardian is not valid.”


Conclusion for the User

  • It is definitely oppression (ẓulm) – you are being wronged.
  • Do not agree to the marriage – your consent is mandatory; without it the marriage is null.
  • If already forced into a Nikāḥ, the contract is invalid and you are not obliged to live with that person.
  • Seek help – approach a reliable Islamic scholar, a local mosque committee, or, if possible, secular authorities (if they protect your safety).
  • If no safe guardian exists, you may, after confirming the proposal is genuinely harmful, refuse the marriage. In some cases, you may even contract your own marriage with a suitable, pious man after consulting trustworthy Muslims, as per the Ḥanafī school.

May Allāh ease your difficulty, protect you from oppression, and grant you a righteous and peaceful marriage by your own free will.


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