A woman who has been previously married (Thayyib) has more right to her person than her guardian; and a virgin's father must ask her consent from her, her consent being her silence, At times he said: Her silence is her affirmation.
Hadith Text & Context
"A woman who has been previously married (Thayyib) has more right to her person than her guardian; and a virgin's father must ask her consent from her, her consent being her silence, At times he said: Her silence is her affirmation." (Sahih Muslim 1421 c)
This noble hadith from the Book of Marriage establishes fundamental principles regarding female consent in Islamic marriage, distinguishing between previously married women and virgins.
Commentary on Previously Married Women
The Thayyib (previously married woman) possesses complete autonomy over her marital decisions. Her guardian cannot compel her into marriage, as she has experience in marital life and is better positioned to judge what suits her.
This ruling reflects Islam's recognition of women's maturity and wisdom gained through life experience, granting them full agency in matters affecting their personal lives.
Virgin's Consent & Guardianship Balance
For the virgin, while the father maintains guardianship, he must seek her consent. Her silence indicates approval, reflecting cultural norms of modesty where explicit verbal consent might cause embarrassment.
The Prophet's repetition ("At times he said...") emphasizes the importance of interpreting silence as affirmation, ensuring no woman is married against her will while respecting cultural sensibilities.
Legal & Social Implications
This hadith establishes that forced marriage is invalid in Islamic law. Consent remains the cornerstone of marital validity, with guardianship serving as protective guidance rather than coercive authority.
The differentiation between virgins and previously married women shows Islam's nuanced understanding of human psychology and social circumstances in legislation.
Scholarly Consensus
Classical scholars across madhahib unanimously agree that a woman's consent is essential for marriage validity. The guardian's role is to ensure suitability and protection, not to override the woman's will.
This prophetic teaching elevated women's status in 7th century Arabia, establishing their right to choose life partners—a revolutionary concept in that historical context.