The Book of Marriage - Sunan an-Nasa'i 3262

"A previously married woman has more right (to decide) about herself (with regard to marriage) than her guardian, and an orphan girl should be consulted with regard to marriage, and her permission is her silence."

Commentary on the Rights of Women in Marriage

This noble hadith establishes fundamental principles regarding women's consent in marriage, distinguishing between previously married women (thayyib) and virgin girls. The first portion grants complete autonomy to previously married women, recognizing their experience and maturity in marital matters.

For orphan girls, the requirement of consultation emphasizes their right to be heard, while recognizing that shyness may prevent explicit verbal consent. Their silence, when properly consulted, constitutes valid permission—a profound understanding of female nature and social customs.

Legal Implications and Scholarly Interpretation

Classical scholars like Imam an-Nawawi explain that the guardian's role becomes advisory rather than authoritative for previously married women. Their consent is absolute and cannot be overridden.

For virgins, the consultation requirement prevents forced marriages while maintaining proper Islamic family structure. The silence as permission reflects the prophetic wisdom in understanding cultural norms where explicit agreement might cause embarrassment.

This hadith demonstrates Islam's progressive stance on women's rights centuries before similar concepts emerged in other civilizations, balancing individual autonomy with family involvement.