A woman without a husband has more right to her person than her guardian, and a virgin's consent must be asked from her, and her silence implies her consent.
The Book of Marriage - Sahih Muslim 1421a
In the name of Allah, the Most Gracious, the Most Merciful. All praise is due to Allah, Lord of the worlds, and may peace and blessings be upon His final Messenger Muhammad.
Exegesis of the Hadith
This noble hadith establishes fundamental principles regarding women's rights in marriage. The statement "a woman without a husband has more right to her person than her guardian" affirms that a mature woman, particularly one previously married (thayyib), possesses full autonomy over her marital decisions. Her guardian's role is one of counsel and protection, not compulsion.
Regarding virgins, the requirement to seek their consent demonstrates Islam's respect for female dignity. The Prophet ﷺ recognized that modesty might prevent explicit verbal consent, thus establishing that silence indicates approval. This wisdom balances religious requirements with human nature.
Legal Implications
Scholars derive from this that forced marriages are invalid in Islamic law. A woman's consent is a necessary condition for marital validity. The distinction between previously married women and virgins reflects practical wisdom - the former having experience in marital matters may speak openly, while the latter's silence due to shyness is respected as consent.
This teaching elevates women's status above pre-Islamic practices where they were often treated as property. Islam restored their dignity, making them active participants in this sacred covenant.
Contemporary Relevance
This hadith remains profoundly relevant today, protecting women's rights against cultural practices that contradict Islamic principles. It serves as a reminder that guardians should act as compassionate advisors rather than coercive authorities, honoring the spiritual wisdom behind Islamic marital laws.