Hadith Text & Context

Narrated Abu Huraira: The Prophet (ﷺ) said, "A matron should not be given in marriage except after consulting her; and a virgin should not be given in marriage except after her permission." The people asked, "O Allah's Messenger (ﷺ)! How can we know her permission?" He said, "Her silence (indicates her permission)." (Sahih al-Bukhari 5136)

Legal Ruling & Scholarly Commentary

This hadith establishes the fundamental Islamic principle that marriage requires the free consent of the woman, whether she is previously married (matron) or a virgin. The scholars differentiate between consultation for a matron and explicit permission for a virgin due to the virgin's natural shyness.

The matron's opinion carries greater weight due to her experience, and her explicit consent is required. For the virgin, her silence when asked constitutes valid consent, recognizing cultural norms of modesty while preserving her right to refuse.

Interpretation of Silence as Consent

Scholars clarify that silence indicates permission only when the guardian properly presents the marriage proposal and the virgin understands the context. If she remains silent out of fear, confusion, or inability to speak, this does not constitute valid consent.

The Hanafi school extends this principle further, stating that a mature woman's consent is absolutely necessary and her guardian cannot compel her against her will, even if silence was initially interpreted as consent.

Practical Application & Wisdom

This teaching protects women's rights in marriage and prevents forced unions. The distinction between matron and virgin shows Islam's nuanced understanding of human nature and social customs.

The ruling emphasizes that Islamic marriage is a mutual contract requiring willing participation from both parties, establishing a foundation of respect and harmony in marital life.