Jami` at-Tirmidhi 1108

Unreviewed translation. All hadiths in this collection are available in five languages. Titles and introductions may remain in Arabic.

Qutaybah ibn Sa'id narrated to us: Malik ibn Anas narrated to us, from Abdullah ibn al-Fadl, from Nafi ibn Jubayr ibn Mut'im, from Ibn Abbas, that the Messenger of Allah said: A previously married woman has more right over herself than her guardian, and a virgin is to be asked for her permission; her silence is her permission. This hadith is hasan sahih. Shu'bah and Sufyan al-Thawri also narrated this hadith from Malik ibn Anas. Some people have cited this hadith as proof that marriage is valid without a guardian, but this hadith does not support their argument, because it has been narrated through more than one route from Ibn Abbas, from the Prophet: There is no marriage without a guardian. Ibn Abbas also gave this ruling after the Prophet, saying: There is no marriage without a guardian. According to most scholars, the meaning of the Prophet's words, A previously married woman has more right over herself than her guardian, is that a guardian may marry her only with her consent and instruction. If he marries her off and she objects, the marriage is annulled, in accordance with the report of Khansa bint Khidham: her father married her off while she was previously married, she disliked it, and the Prophet rejected the marriage.