"A previously married woman has more right to decide about herself (with regard to marriage) than her guardian, and a virgin should be asked for permission with regard to marriage, and her permission is her silence."
Hadith Text & Reference
"A previously married woman has more right to decide about herself (with regard to marriage) than her guardian, and a virgin should be asked for permission with regard to marriage, and her permission is her silence."
Source: Sunan an-Nasa'i 3260 | Book: The Book of Marriage
Legal Ruling & Classification
This hadith establishes two distinct legal rulings concerning female consent in marriage, distinguishing between previously married women (thayyib) and virgins (bikr).
The ruling is considered sound (sahih) by classical scholars and forms a fundamental principle in Islamic marital law regarding female consent.
Commentary on Previously Married Women
A woman who has been previously married possesses complete autonomy over her marital decisions. Her guardian (wali) cannot compel her into marriage against her will.
This ruling recognizes her maturity and experience in marital matters, granting her full authority to accept or reject marriage proposals without requiring guardian approval.
Commentary on Virgin Women
For virgins, explicit permission must be sought, but her silence when asked constitutes valid consent. This acknowledges feminine modesty (haya') which may prevent overt verbal agreement.
Scholars clarify that silence must be in a context where refusal is possible - not under coercion or fear. Some jurists recommend seeking multiple forms of consent to ensure genuine willingness.
Scholarly Consensus & Exceptions
The majority of classical scholars uphold these principles, though some schools require guardian participation for validity while maintaining the necessity of female consent.
Exceptions exist for minors and those of unsound mind, where guardians act in their best interest. The principle protects women from forced marriages while maintaining Islamic family structure.