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(Book 28, Hadith 4) #36164
Consent in Marriage

SUMMARY: A woman who has been previously married is more entitled to her person than her guardian, and a virgin must be asked for her consent before marriage and her silence implies consent.

Malik related to me from Abdullah ibn al-Fadl from Nafi ibn Jubayr ibn Mutim from Abdullah ibn Abbas that the Messenger of Allah, may Allah bless him and grant him peace, said, "A woman who has been previously married is more entitled to her person than her guardian, and a virgin must be asked for her consent for herself, and her consent is her silence "
حَدَّثَنِي مَالِكٌ، عَنْ عَبْدِ اللَّهِ بْنِ الْفَضْلِ، عَنْ نَافِعِ بْنِ جُبَيْرِ بْنِ مُطْعِمٍ، عَنْ عَبْدِ اللَّهِ بْنِ عَبَّاسٍ، أَنَّ رَسُولَ اللَّهِ قَالَ ‏ "‏ الأَيِّمُ أَحَقُّ بِنَفْسِهَا مِنْ وَلِيِّهَا وَالْبِكْرُ تُسْتَأْذَنُ فِي نَفْسِهَا وَإِذْنُهَا صُمَاتُهَا

TOPICS
marriage  *  consent  *  entitlement  *  silence  *  zawaj  *  ridaa  *  haqq  *  samt

QUICK LESSONS:
Respect women's rights and autonomy when it comes to choosing their spouse; Ask permission before marriage; Communicate with your partner when making decisions about your future together; Make an informed decision about your future together.

EXPLANATIONS:
This hadith speaks about the importance of consent in marriage. It states that a woman who has been previously married is more entitled to her person than her guardian, meaning that she should have the right to choose whom she wants to marry. Furthermore, it states that a virgin must be asked for her consent before marriage and if she does not say anything then it implies that she consents. This hadith emphasizes the importance of respecting women's rights and autonomy when it comes to choosing their spouse. It also highlights the need for communication between couples so they can make an informed decision about their future together.

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