A woman who has been previously married (Thayyib) has more right to her person than her guardian. And a virgin should also be consulted, and her silence implies her consent.
The Book of Marriage - Sahih Muslim 1421 b
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.
Textual Analysis
This noble hadith establishes two fundamental principles regarding women's consent in marriage. The first portion addresses the previously married woman (thayyib), stating she has greater authority over herself than her guardian (wali). The second portion addresses the virgin, requiring her consultation and interpreting her silence as consent.
Legal Rulings for the Previously Married Woman
A thayyib (previously married woman) possesses complete autonomy in marital decisions. Her guardian cannot compel her into marriage against her will. If she is sound of mind and mature, her explicit consent is necessary and sufficient for the marriage's validity. This ruling recognizes her experience and capacity to make informed decisions about her life.
Legal Rulings for the Virgin
For the virgin, the Shari'ah requires consultation and seeks her consent. Her silence indicates approval due to natural shyness (haya'), which is a praiseworthy quality in women. However, explicit verbal consent is preferable when possible. The guardian should not proceed with marriage arrangements without ensuring her willingness.
Scholarly Consensus
The four Sunni schools of jurisprudence agree that consent is essential for marriage validity. They differ only in minor details regarding how consent is expressed. Imam Abu Hanifah emphasized the woman's right to choose even without guardian approval in certain cases, while other schools maintain the guardian's role in protecting her interests.
Wisdom and Benefits
This legislation protects women's dignity and prevents forced marriages. It acknowledges different levels of experience between virgins and previously married women while ensuring both have agency. The ruling promotes harmonious marital relationships built on mutual consent rather than coercion, fulfilling the Quranic principle that spouses should find tranquility and affection in one another.