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Sunan an-Nasai 3260 (Book 26, Hadith 65) #17872
Women's Right to Decide Marriage

SUMMARY: A previously married woman has more right to decide about her marriage than her guardian, and a virgin should be asked for permission before marriage, which is indicated by her silence.

It was narrated from Ibn 'Abbas that the Messenger of Allah said: "A previously married woman has more right to decide about herself (with regard to marriage) than her guardian, and a virgin should be asked for permission with regard to marriage, and her permission is her silence".
أَخْبَرَنَا قُتَيْبَةُ، قَالَ حَدَّثَنَا مَالِكٌ، عَنْ عَبْدِ اللَّهِ بْنِ الْفَضْلِ، عَنْ نَافِعِ بْنِ جُبَيْرِ بْنِ مُطْعِمٍ، عَنِ ابْنِ عَبَّاسٍ، أَنَّ رَسُولَ اللَّهِ قَالَ ‏ "‏ الأَيِّمُ أَحَقُّ بِنَفْسِهَا مِنْ وَلِيِّهَا وَالْبِكْرُ تُسْتَأْذَنُ فِي نَفْسِهَا وَإِذْنُهَا صُمَاتُهَا

TOPICS
marriage  *  women  *  permission  *  decision  *  nikah  *  haq  *  istikhara

QUICK LESSONS:
Respect women's autonomy when it comes to deciding on matters related to marriage; Ask for consent before entering into any kind of relationship or agreement with someone else; Indicate consent through silence if necessary.

EXPLANATIONS:
This hadith speaks of the rights of women in regards to marriage. It states that a previously married woman has more right to decide about herself with regard to marriage than her guardian. Furthermore, it states that a virgin should be asked for permission with regard to marriage and that her permission is indicated by her silence. This hadith emphasizes the importance of respecting women’s autonomy in regards to their own marriages and not forcing them into something they do not want. It also highlights the importance of asking for consent before entering into any kind of relationship or agreement with someone else, even if it is just an indication through silence.

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