I asked Allah's Messenger (ﷺ) about a virgin whose marriage is solemnised by her guardian, whether it was necessary or not to consult her. Allah's Messerger (ﷺ) said: Yes, she must be consulted. 'A'isha reported: I told him that she feels shy, whereupon Allah's Messenger (ﷺ) said: Her silence implies her consent.
The Book of Marriage - Sahih Muslim 1420
This hadith establishes the fundamental Islamic principle that a woman's consent is essential for the validity of her marriage, even if she is a virgin and her guardian (wali) is arranging it.
Commentary on the Guardian's Role
The guardian's role is one of protection and oversight, not ownership. He ensures the proposed match is suitable in terms of religious commitment and social standing, safeguarding the woman's interests.
However, his authority does not permit him to compel her into a marriage she does not desire. His act of arranging the marriage is conditional upon her ultimate approval.
The Necessity of Consultation and Consent
The Prophet's (ﷺ) clear command, "Yes, she must be consulted," removes any ambiguity. Consultation is not a mere formality; it is a mandatory religious requirement (wujub).
This ruling empowers women and acknowledges their legal capacity in one of life's most significant contracts. A marriage contracted without the woman's consent is invalid according to the majority of scholars.
Understanding "Silence as Consent"
The Prophet's (ﷺ) wisdom is evident in his response to 'A'isha's valid concern about a virgin's shyness. He established that in such a context, where a proposal has been made, silence is not a sign of refusal or indifference.
Instead, it is interpreted as a positive, affirmative consent. This legal principle (al-sukut fi maqam al-bayan bayan) recognizes cultural norms while upholding the core requirement of the woman's agreement, preventing guardians from exploiting shyness to force a marriage.
Scholarly Consensus and Legal Implications
This hadith is a primary evidence in Islamic jurisprudence for the ruling on a woman's consent. Scholars from all major schools of law agree that a sane, adult woman cannot be married off without her permission.
The distinction in some schools between a virgin and a previously married woman often relates to the mode of expressing consent, not its necessity. For a virgin, silence due to shyness can suffice, while a non-virgin is expected to verbally consent.