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Sahih al-Bukhari 6968 (Book 90, Hadith 15) #6698
Marriage Consent

SUMMARY: A virgin should not be married without her consent and a matron should not be married without her agreement.

Narrated Abu Huraira: The Prophet said, "A virgin should not be married till she is asked for her consent; and the matron should not be married till she is asked whether she agrees to marry or not". It was asked, "O Allah's Apostle! How will she (the virgin) express her consent?" He said, "By keeping silent". Some people said that if a virgin is not asked for her consent and she is not married, and then a man, by playing a trick presents two false witnesses that he has married her with her consent and the judge confirms his marriage as a true one, and the husband knows that the witnesses were false ones, then there is no harm for him to consummate his marriage with her and the marriage is regarded as valid.
حَدَّثَنَا مُسْلِمُ بْنُ إِبْرَاهِيمَ، حَدَّثَنَا هِشَامٌ، حَدَّثَنَا يَحْيَى بْنُ أَبِي كَثِيرٍ، عَنْ أَبِي سَلَمَةَ، عَنْ أَبِي هُرَيْرَةَ، عَنِ النَّبِيِّ قَالَ ‏"‏ لاَ تُنْكَحُ الْبِكْرُ حَتَّى تُسْتَأْذَنَ، وَلاَ الثَّيِّبُ حَتَّى تُسْتَأْمَرَ ‏"‏‏.‏ فَقِيلَ يَا رَسُولَ اللَّهِ كَيْفَ إِذْنُهَا قَالَ ‏"‏ إِذَا سَكَتَتْ ‏"‏‏.‏ وَقَالَ بَعْضُ النَّاسِ إِنْ لَمْ تُسْتَأْذَنِ الْبِكْرُ وَلَمْ تَزَوَّجْ‏.‏ فَاحْتَالَ رَجُلٌ فَأَقَامَ شَاهِدَىْ زُورٍ أَنَّهُ تَزَوَّجَهَا بِرِضَاهَا، فَأَثْبَتَ الْقَاضِي نِكَاحَهَا، وَالزَّوْجُ يَعْلَمُ أَنَّ الشَّهَادَةَ بَاطِلَةٌ، فَلاَ بَأْسَ أَنْ يَطَأَهَا، وَهْوَ تَزْوِيجٌ صَحِيحٌ‏.‏

TOPICS
marriage  *  consent  *  virgin  *  matron  *  zawaj  *  razamandi  *  bikr  *  muharimah

QUICK LESSONS:
Ask for permission from women before marrying them ; Respect women's right in marriage ; Understand silence as an expression of agreement ; Be aware of tricks used to force people into marriages against their will .
EXPLANATIONS:
This hadith is about marriage and the importance of consent in it. The Prophet Muhammad ﷺ said that a virgin should not be married until she is asked for her consent and the matron should not be married until she is asked whether she agrees to marry or not. It was asked how will she express her consent? He said by keeping silent. This means that if a woman does not say yes or no to marriage then it can be assumed that she has given her consent. It also implies that if someone tries to trick someone into marriage by presenting false witnesses then the marriage will still be considered valid even if the husband knows they are false witnesses. This hadith teaches us about respecting women's rights in marriage and making sure their opinion matters when it comes to such an important decision as getting married.

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