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Sahih al-Bukhari 5139 (Book 67, Hadith 75) #4921
Marriage Consent and Dowry

SUMMARY: Marriage should be done with the consent of the woman and her guardian, and if the guardian remains silent or asks for a dowry, then it is valid.

Narrated 'Abdur-Rahman bin Yazid and Majammi bin Yazid: The same ,Hadith above: A man called Khidam married a daughter of his (to somebody) against her consent'.If you fear that you shall not be able to deal justly with the orphan girls then marry (other) women of your choice'. (4.3) And if somebody says to the guardian (of a woman), "Marry me to so-and- so," and the guardian remained silent or said to him, "What have you got?" And the other said, "I have so much and so much (Mahr)," or kept quiet, and then the guardian said, "I have married her to you," then the marriage is valid (legal). This narration was told by Sahl on the authority of the Prophet.
حَدَّثَنَا إِسْحَاقُ، أَخْبَرَنَا يَزِيدُ، أَخْبَرَنَا يَحْيَى، أَنَّ الْقَاسِمَ بْنَ مُحَمَّدٍ، حَدَّثَهُ أَنَّ عَبْدَ الرَّحْمَنِ بْنَ يَزِيدَ وَمُجَمِّعَ بْنَ يَزِيدَ حَدَّثَاهُ أَنَّ رَجُلاً يُدْعَى خِذَامًا أَنْكَحَ ابْنَةً لَهُ‏.‏ نَحْوَهُ‏.‏

TOPICS
marriage  *  consent  *  dowry  *  validity  *  zawaj  *  rida  *  mahr  *  shariah

QUICK LESSONS:
Get married with mutual consent & agreement
EXPLANATIONS:
According to this hadith, marriage should be done with both parties’ consent. The woman must agree to marry someone before it can be considered valid in Islam. Additionally, her guardian must also agree to the marriage before it can take place. If someone proposes to marry a woman and her guardian remains silent or asks for a dowry from him, then that marriage is considered valid according to Islamic law. This hadith teaches us that marriages should not take place without both parties’ agreement as well as consideration of any financial obligations involved in such an arrangement.

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