Hadith Text & Context

"The guardian has no right (to force) the previously married woman (into a marriage). And an orphan girl should be consulted, and her silence is her approval." (Sunan an-Nasa'i 3263)

This noble hadith from The Book of Marriage in Sunan an-Nasa'i establishes fundamental principles regarding women's consent in Islamic marriage, distinguishing between previously married women and virgins.

Legal Ruling for Previously Married Women

The phrase "guardian has no right" indicates absolute prohibition of coercion for thayyibah (previously married women). Their explicit consent is mandatory, as they possess experience and understanding of marital life.

Scholars interpret this as meaning no guardian—whether father, brother, or ruler—can compel such a woman into marriage without her free will and clear approval.

Ruling for Virgin Girls

For bikr (virgin girls), consultation is required, and silence indicates consent. This recognizes their natural shyness while preserving their right to refuse.

Classical scholars clarify that if a virgin girl explicitly refuses, the marriage cannot proceed, even if her guardian approves. Her silence, however, serves as valid consent due to customary understanding of feminine modesty.

Scholarly Commentary

Imam an-Nawawi explains this hadith demonstrates Islam's protection of women's rights centuries before modern legal systems. The Shari'ah honors women's dignity in marital matters.

Ibn Qudamah al-Maqdisi notes the wisdom in differentiating between previously married women and virgins reflects Islamic jurisprudence's attention to human nature and social realities.

This ruling prevents guardians from exploiting their authority and ensures marriages are founded upon mutual consent, which is essential for building stable Muslim families.