Hadith Text & Reference

"A previously married woman has more right (to decide) about herself (with regard to marriage), and a virgin should be consulted by her father, and her permission is her silence."

Source: Sunan an-Nasa'i 3264 | Book: The Book of Marriage

Legal Ruling (Al-Hukm al-Fiqhi)

This hadith establishes distinct legal principles for the marriage consent of women based on their marital status. A previously married woman (thayyib) possesses full autonomy to contract her own marriage without a guardian (wali), as she has experience in marital matters. A virgin (bikr), however, requires her guardian's involvement, though her consent remains essential.

Consent of the Virgin (Bikr)

The phrase "her permission is her silence" indicates that a virgin's shyness is recognized as implicit consent. Scholars explain that if she remains silent when proposed to by a suitable match, this constitutes approval. Outright refusal or clear disapproval invalidates the marriage. The father's role is to consult and facilitate, not to compel.

Wisdom Behind the Distinction

Islamic law accounts for social context and personal experience. A previously married woman understands marital rights and responsibilities, thus granted full agency. A virgin may lack such experience, benefiting from her guardian's guidance to ensure a compatible match while preserving her fundamental right to choose.

Scholarly Consensus

This ruling represents the majority position among classical scholars (jumhur). The Hanafi school grants all adult women, virgin or previously married, the right to contract marriage independently. Other schools maintain the guardian's role for virgins while emphasizing that coercion (ikrah) invalidates the marriage contract in all cases.