Hadith Text & Reference

Abu Hurairah reported the Prophet(ﷺ) as saying "A woman who has been previously married should not be married until her permission is asked nor should a virgin be married without her permission." They (the people) asked "What is her permission, Apostle of Allaah(ﷺ)? He replied "it is by her keeping silence."

Source: Sunan Abi Dawud 2092 | Marriage (Kitab Al-Nikah)

Scholarly Commentary

This noble hadith establishes the fundamental Islamic principle that a woman's consent is absolutely essential for the validity of marriage. The Prophet (ﷺ) explicitly distinguishes between previously married women (thayyib) and virgins (bikr), requiring explicit verbal consent from the former while recognizing the shy silence of virgins as valid consent.

The wisdom behind this distinction lies in the nature of female modesty. A virgin's natural shyness (haya') may prevent her from speaking openly about marriage matters. Her silence, when not accompanied by objection, indicates acceptance. However, a previously married woman, being experienced in marital life, is expected to express her consent verbally without such hesitation.

Classical scholars like Imam Nawawi and Ibn Qudamah emphasize that this consent must be free from coercion. Any marriage contracted without proper consent is invalid according to the majority of scholars. The guardian (wali) may arrange the marriage, but he cannot compel the woman against her will.

This teaching elevates the status of women in Islam, granting them agency in one of life's most important decisions. It protects women from being treated as property and ensures their dignity and rights are preserved within the sacred institution of marriage.