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(Book 28, Hadith 6) #36166
Rights of Virgins in Marriage

SUMMARY: A virgin has no right to her property until she enters her house and her state is known for sure.

Yahya related to me from Malik that he had heard that al-Qasim ibn Muhammad and Salim ibn Abdullah were marrying off their daughters and they did not consult them. Malik said, "That is what is done among us about the marriage of virgins". Malik said, "A virgin has no right to her property until she enters her house and her state (competence, maturity etc) is known for sure".
وَحَدَّثَنِي عَنْ مَالِكٍ، أَنَّهُ بَلَغَهُ أَنَّ الْقَاسِمَ بْنَ مُحَمَّدٍ، وَسَالِمَ بْنَ عَبْدِ اللَّهِ، كَانَا يُنْكِحَانِ بَنَاتِهِمَا الأَبْكَارَ وَلاَ يَسْتَأْمِرَانِهِنَّ ‏.‏ قَالَ مَالِكٌ وَذَلِكَ الأَمْرُ عِنْدَنَا فِي نِكَاحِ الأَبْكَارِ ‏.‏ قَالَ مَالِكٌ وَلَيْسَ لِلْبِكْرِ جَوَازٌ فِي مَالِهَا حَتَّى تَدْخُلَ بَيْتَهَا وَيُعْرَفَ مِنْ حَالِهَا

TOPICS
virgin  *  property  *  house  *  state

QUICK LESSONS:
Respect women’s autonomy; Consult family members before making decisions regarding marriage; Wait till maturity or competence as determined by Islamic law before getting married .
EXPLANATIONS:
This hadith is about the rights of virgins when it comes to marriage. Al-Qasim ibn Muhammad and Salim ibn Abdullah were marrying off their daughters without consulting them first. According to Malik ibn Anas, this is the norm among Muslims when it comes to the marriage of virgins. The hadith also states that a virgin has no right to her property until she enters her house and her state is known for sure. This means that a woman should not be married off before she reaches maturity or competence as determined by Islamic law so that she can make decisions regarding herself and have control over her own property.

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