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Sunan an-Nasai 3262 (Book 26, Hadith 67) #17874
Women's Right in Marriage

SUMMARY: A previously married woman has more right to decide about her marriage than her guardian, and an orphan girl should be consulted with regard to marriage and her permission is assumed if she remains silent.

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 an orphan girl should be consulted with regard to marriage, and her permission is her silence".
أَخْبَرَنِي أَحْمَدُ بْنُ سَعِيدٍ الرِّبَاطِيُّ، قَالَ حَدَّثَنَا يَعْقُوبُ، قَالَ حَدَّثَنِي أَبِي، عَنِ ابْنِ إِسْحَاقَ، قَالَ حَدَّثَنِي صَالِحُ بْنُ كَيْسَانَ، عَنْ عَبْدِ اللَّهِ بْنِ الْفَضْلِ بْنِ عَبَّاسِ بْنِ رَبِيعَةَ، عَنْ نَافِعِ بْنِ جُبَيْرِ بْنِ مُطْعِمٍ، عَنِ ابْنِ عَبَّاسٍ، أَنَّ رَسُولَ اللَّهِ قَالَ ‏ "‏ الأَيِّمُ أَوْلَى بِأَمْرِهَا وَالْيَتِيمَةُ تُسْتَأْمَرُ فِي نَفْسِهَا وَإِذْنُهَا صُمَاتُهَا

TOPICS
marriage  *  women  *  rights  *  decisionmaking

QUICK LESSONS:
Give women autonomy over themselves; Respect wishes even if they remain silent; Consult those under guardianship before making decisions on their behalf.

EXPLANATIONS:
This hadith speaks of the rights of women in regards to their own marriages. It states that a previously married woman has more right over herself than her guardian when it comes to deciding who she will marry. Similarly, an orphan girl should be consulted regarding marriage and if she remains silent then it is assumed that she has given permission for the union. This hadith emphasizes the importance of giving women autonomy over their own lives and decisions as well as respecting their wishes even if they remain silent on the matter. It also highlights how important it is for guardians to consult those under their care before making any decisions on their behalf.

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