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Sahih Muslim 1421c (Book 16, Hadith 80) #10615
Consent of Women in Marriage

SUMMARY: A woman who has been previously married has more right to her person than her guardian, and a virgin's father must ask for her consent, which is implied by her silence.

Sufyan reported on the basis of the same chain of transmitters (and the words are): A woman who has been previously married (Thayyib) has more right to her person than her guardian; and a virgin's father must ask her consent from her, her consent being her silence, At times he said: Her silence is her affirmation.
وَحَدَّثَنَا ابْنُ أَبِي عُمَرَ، حَدَّثَنَا سُفْيَانُ، بِهَذَا الإِسْنَادِ وَقَالَ ‏"‏ الثَّيِّبُ أَحَقُّ بِنَفْسِهَا مِنْ وَلِيِّهَا وَالْبِكْرُ يَسْتَأْذِنُهَا أَبُوهَا فِي نَفْسِهَا وَإِذْنُهَا صُمَاتُهَا ‏"‏ ‏.‏ وَرُبَّمَا قَالَ ‏"‏ وَصَمْتُهَا إِقْرَارُهَا

TOPICS
marriage  *  consent  *  women  *  affirmation

QUICK LESSONS:
Respect your daughter's wishes; Ask your daughter for permission before proposing marriage; Give women autonomy over their own bodies; Seek consent before getting married; Respect other people's decisions regarding marriage.
EXPLANATIONS:
This hadith speaks about the importance of consent when it comes to marriage. It states that a woman who has been previously married has more right to her person than her guardian. Furthermore, it explains that when it comes to a virgin's father asking for his daughter's hand in marriage he must ask for her consent first. Her consent is implied by her silence and not speaking out against the proposal. This hadith emphasizes the importance of women having autonomy over their own bodies and decisions regarding marriage. It also highlights how important it is for fathers to respect their daughters' wishes and not force them into something they do not want or are uncomfortable with.

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