Question:
If a woman is married against her will, and she says she does not consent, and she was in love with someone else, and she asks to have the marriage annulled, does the groom need to pay the Mahr (dowry) to the bride based on verses 2:236 and 2:237?
Answer:
If a marriage is performed without the woman’s consent, it is invalid. The Prophetﷺ annulled such a marriage. The hadith of Khansa bint Khidam (RA) in Sahih al-Bukhari (Hadith 6945) is clear evidence. Her father married her off against her wishes, and the Prophetﷺ declared the marriage null and void.
In such a case, the marriage is invalid from the beginning (fasid or batil). It is not a divorce. Therefore, there is no question of paying the Mahr. The woman is entitled to her Mahr only in a valid marriage. Since the marriage is annulled due to lack of consent, she does not owe any Mahr. The Groom doesn’t have to give any Mahr at all. The verses cited (2:236 and 2:237) refer to cases of divorce after a valid marriage contract has been made, not to a case of a forced marriage which is invalid from the start.