The Book of Marriage - Sahih Muslim 1419a

A woman without a husband (or divorced or a widow) must not be married until she is consulted, and a virgin must not be married until her permission is sought. They asked the Prophet of Allah (ﷺ): How her (virgin's) consent can be solicited? He (the Holy Prophet) said: That she keeps silence.

Scholarly Commentary

This noble hadith establishes the fundamental Islamic principle that marriage requires the free consent of the woman, whether she is previously married or a virgin. The Shari'ah grants women full autonomy in marital matters, rejecting any form of coercion.

For the previously married woman (thayyib), explicit verbal consent is required due to her experience and maturity in marital affairs. She must be directly consulted and her clear agreement obtained.

For the virgin (bikr), her silence constitutes consent due to her natural shyness and modesty. This accommodation recognizes cultural norms while preserving her right to refuse marriage. If she remains silent when asked, this indicates her acceptance. If she explicitly refuses or shows displeasure, the marriage cannot proceed.

The wisdom behind this distinction lies in understanding human nature. The previously married woman, having experienced marriage, can speak openly about her wishes. The virgin, due to her innocence and natural modesty, may find it difficult to express agreement verbally, thus her silence is interpreted as consent.

This ruling protects women's rights and dignity, ensuring marriages are built upon mutual willingness rather than compulsion, creating the foundation for successful Islamic households.