The Book of Marriage - Sunan an-Nasa'i 3267

"A previously married woman should not be married until her consent has been sought, and a virgin should not be married until her permission has been sought." They said: "O Messenger of Allah, what is her permission?" He said: "If she remains silent."

Scholarly Commentary

This noble hadith establishes the fundamental Islamic principle that marriage requires the free consent of both parties, particularly emphasizing the woman's right to choose her spouse. The Prophet (peace be upon him) distinguishes between two categories of women: the previously married (thayyib) and the virgin (bikr), requiring explicit consent for the former and recognizing silence as consent for the latter due to natural shyness.

Classical scholars explain that the previously married woman's consent must be verbal and explicit, as she has experience in marital life and can express herself clearly. The virgin's silence constitutes permission due to her natural modesty and hesitation in speaking about marriage matters. This demonstrates the Shariah's profound understanding of human nature and social customs.

Imam an-Nawawi comments that this hadith proves coercion in marriage is invalid, and any marriage contracted without proper consent is fundamentally flawed. The wisdom behind this ruling protects women's dignity and ensures marital harmony, as marriage founded on free choice leads to mutual affection and mercy—the very purposes of marriage in Islam.

This teaching revolutionized women's status in 7th century Arabia, granting them agency in the most important decision of their lives—a right many civilizations denied women for centuries thereafter. It remains a cornerstone of Islamic family law, ensuring that Muslim women enter marriage with dignity and free will.