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Fatwa CenterWife forced into marriage may annul it
Question
Assalaamu alaykum. I am very pleased to find so much guidance on Islamic matters on your esteemed site. May Allaah reward you. I have some issues in my marital life and need some guidance. I was first married in 2009, and due to domestic issues, we divorced in 2011. Since then, I have not gotten married, and now last December, U got married to this girl who is 10 years younger to me. She was a divorcee too. Initially, on the second day of our marriage, she got her period. The first night, she said that she wanted to get to know me first and get comfortable before we would consummate our marriage. Then her period lasted for two weeks, and after that, when I initiated the consummation of our marriage, she said that she was not comfortable and told me that this marriage had been done without her consent and was forced upon her by her parents. She did not want to get married to me. She had another person, and they liked each other, and that guy wanted some time to get married to her, and as time was flying, her parents forced her into this marriage. I wanted to forget about her past and concentrate on her current life. However, she later said that she cannot forget this guy and is helpless. She does not allow me to touch her nor speaks normally to me. She only gives short replies and has gone to the extend of saying that she does not regard me as her husband and that I should not attempt to cheaply win her and try to be her husband. Due to this ignorance of her towards me and not talking nor allowing me to touch her, I feel very disheartened and now, after so much persuasion, have stopped conversing with her, except for how strangers talk to each other. Kindly let me know if this marriage is valid, as I have heard a hadith wherein the Prophet, sallallahu 'alayhi wa sallam, dismissed a marriage when the girl said that it was forced upon her. Also, how long could we go on without consummating the marriage; I do not want to force her into consummating this marriage. I have spoken about this with my mother, and she is of the opinion that I should give her time and that we shall see then. Please guide me.
Answer
All perfect praise be to Allah, The Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad 
is His slave and Messenger.
The wise Sharia put the matter of accepting the man who proposes to the woman for marriage in her hands in regard to accepting him or refusing him. Abu Hurayrah 
narrated that the Prophet said, “A previously-married woman should not be given in marriage until she is consulted, and a virgin should not be given in marriage until she is asked for her permission.” People said, “How will she express her permission?” The Prophet said, “By keeping silent (when asked for her consent).” [Al-Bukhaari and Muslim]
Therefore, if the father of this woman had really forced her to marry you, then he did wrong, especially given that she had previously been married. Therefore, if there is no evidence of her consent by words or action, she has the right to annul the marriage.
Al-Hajjaawi, from the Hanbali School of jurisprudence, said, “It is forbidden to marry a woman off to someone who is not suitable for her without her permission, and her guardian is considered dissolute (Faasiq) by doing this; but her (the wife’s) choice to annul the marriage contract is cancelled if she showed any sign of consent (to her marriage) either by her words or her action.”
For more benefit, please refer to fatwa 107785.
Hence, you may ask the rational people from her family to intervene in order to convince her to accept this marriage. If she accepts, then this is what is required, but if she insists on annulling the marriage, then you should forget her and ask Allah to bless you with a better wife, as there are so many women out there.
Perhaps Allah, in this situation, wants good for you by separating from her; Allah says (what means): {But perhaps you hate a thing and it is good for you; and perhaps you love a thing and it is bad for you. And Allah Knows, while you know not.} [Quran 2:216]
Allah knows best.
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