Virgins consent is sought through silence (Buk
5136), like for the orphans (Daw
2093), a woman who marries without the consent of her guardians is void (Daw
2083), you can marry your virgin daughters without their permissions (Muw
28.2-6), A father can arrange the marriage of his virgin daughter without her permission (
Ris 32.2a), If she is a virgin, her father may marry her to someone without her permission (umd
m3.13). Aisha was surprised when the prophet took her at 9 years old (buk
5160)
Chapter: The father or the guardian cannot give a virgin or matron in marriage without her consent
Narrated Abu Huraira:
The Prophet (ﷺ) said, "A matron should not be given in marriage except after consulting her; and a virgin should not be given in marriage except after her permission." The people asked, "O Allah's Messenger (ﷺ)! How can we know her permission?" He said, "Her silence (indicates her permission). - Hadith Al Bukhari 5136 (islam)
Hadith Al Bukhari 6968 (en en2) Chapter: (Tricks) in marriage
Narrated Abu Huraira:
The Prophet (ﷺ) said, "A virgin should not be married till she is asked for her consent; and the matron should not be married till she is asked whether she agrees to marry or not." It was asked, "O Allah's Apostle! How will she (the virgin) express her consent?" He said, "By keeping silent." Some people said that if a virgin is not asked for her consent and she is not married, and then a man, by playing a trick presents two false witnesses that he has married her with her consent and the judge confirms his marriage as a true one, and the husband knows that the witnesses were false ones, then there is no harm for him to consummate his marriage with her and the marriage is regarded as valid. - Hadith Al Bukhari 6968 (islam)
Hadith Muslim 1419a (en en2) Chapter: Seeking permission of a previously-married woman in words, and of a virgin by silence
Abu Huraira (Allah be pleased with him) reported Allah's Messenger (ﷺ) as having said:
A woman without a husband (or divorced or a widow) must not be married until she is consulted, and a virgin must not be married until her permission is sought. They asked the Prophet of Allah (ﷺ): How her (virgin's) consent can be solicited? He (the Holy Prophet) said: That she keeps silence. - Hadith Muslim 1419a (islam)
Chapter: Wrapping oneself up
It is related that Abu Hurayra said, "I never sae al-Hasan without my eyes overflowing with tears. That is because the Prophet, may Allah bless him and grant him peace, went out one day and he found me in the mosque. He took my hand and I went along with him. He did not speak to me until we reached the market of Banu Qaynuqa'. He walked around it and looked. Then he left and I left with him until we reached the mosque. He sat down and wrapped himself in his garment. Then he said, 'Where is the little one? Call the little one to me.' Hasan came running and jumped into his lap. Then he put his hand in his beard. Then the Prophet, may Allah bless him and grant him peace, opened his mouth and put his mouth in his mouth. Then he said, O Allah, I love him, so love him and the one who loves him!'" - Hadith Adab 1183 (islam)
Chapter: Regarding The Guardian
Narrated Aisha, Ummul Mu'minin:
The Messenger of Allah (ﷺ) said: The marriage of a woman who marries without the consent of her guardians is void. (He said these words) three times. If there is cohabitation, she gets her dower for the intercourse her husband has had. If there is a dispute, the sultan (man in authority) is the guardian of one who has none. - Hadith Abu Dawud 2083 (islam)
Hadith Tirmidhi 1101 (en en2) Chapter: What Has Been Related About: There Is No Marriage Except With A Wali
Abu Musa narrated that :
the Messenger of Allah said: "There is no marriage except with a Wali." - Hadith Tirmidhi 1101 (islam)
And marry the unmarried among you and the righteous among your male slaves and female slaves. If they should be poor, Allah will enrich them from His bounty, and Allah is all-Encompassing and Knowing. - Quran An-Nur(The Light) 24:32 (islam)
Chapter: Seeking The Girl's Permission
Narrated Abu Hurairah:
The Prophet (ﷺ) said: An orphan virgin girl should be consulted about herself; if she says nothing that indicates her permission, but if she refuses, the authority of the guardian cannot be exercised against her will. The full information rest with the tradition narrated by Yazid. Abu Dawud said: This tradition has also been transmitted in a similar way by Abu Khalid Sulaiman b. Hayyan and Mu'adh b. Mu'adh on the authority of Muhammad b. 'Amr. - Hadith Abu Dawud 2093 (islam)
Hadith Abu Dawud 2100 (en en2) Chapter: Regarding Widowed And Divorced Women
Narrated Abdullah ibn Abbas:
The Prophet (ﷺ) said: A guardian has no concern with a woman previously married and has no husband, and an orphan girl (i.e. virgin) must be consulted, her silence being her acceptance. - Hadith Abu Dawud 2100 (islam)
Hadith An Nasai 3261 (en en2) Chapter: Asking A Virgin For Permission With Regard To Marriage
It was narrated from Ibn 'Abbas that the Prophet 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, and her permission is her silence." - Hadith An Nasai 3261 (islam)
Hadith An Nasai 3262 (en en2) Chapter: Asking A Virgin For Permission With Regard To Marriage
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." - Hadith An Nasai 3262 (islam)
Hadith An Nasai 3263 (en en2) Chapter: Asking A Virgin For Permission With Regard To Marriage
It was narrated from Ibn 'Abbas that the Prophet said:
"The guardian has no right (to force) the previously married woman (into a marriage). And an orphan girl should be consulted, and her silence is her approval." - Hadith An Nasai 3263 (islam)
Hadith Tirmidhi 1109 (en en2) Chapter: What Has Been Related About Coercing A Female Orphan To Marry
Abu Hurairah narrated that:
The Messenger of Allah said: "An orphan is to be consulted about herself, then if she is silent that is her permission, and if she refuses, then do not authorize it (the marriage) for her" (meaning: when she attains the age of puberty and refuses it.) - Hadith Tirmidhi 1109 (islam)
Chapter: Consummation of marriage during the daytime without a marriage procession or lighting of fires
Narrated Aisha:
When the Prophet (ﷺ) married me, my mother came to me and made me enter the house (of the Prophet) and nothing surprised me but the coming of Allah's Messenger (ﷺ) to me in the forenoon. - Hadith Al Bukhari 5160 (islam)
Hadith Al Bukhari 6971 (en en2) Consent (18) Even a coerced marriage with false witnesses can be validated by a juge
Chapter: (Tricks) in marriage
Narrated `Aisha:
Allah's Messenger (ﷺ) said, "It is essential to have the consent of a virgin (for the marriage). I said, "A virgin feels shy." The Prophet; said, "Her silence means her consent." Some people said, "If a man falls in love with an orphan slave girl or a virgin and she refuses (him) and then he makes a trick by bringing two false witnesses to testify that he has married her, and then she attains the age of puberty and agrees to marry him and the judge accepts the false witness and the husband knows that the witnesses were false ones, he may consummate his marriage." - Hadith Al Bukhari 6971 (islam)
Yaḥyā ibn Muḥammad and Sālim ibn ‘Abdullāh would marry off their virgin daughters without consulting them. Mālik said, “that is what is done among us about the marriage of virgins.” Mālik said, “A virgin has no right to her property until she enters her house and her state (competence, maturity, etc.) is known for sure.” - Fiqh Muwatta 28.2-6 (islam)
A father can arrange the marriage of his virgin daughter without - Fiqh Rissala 32.2a (islam)
Fiqh Umdat m3.13 (en) Consent (18) If the bride is a virgin, the father may marry her to someone without her permission
GUARDIANS WHO MAY MARRY A VIRGINTO A MAN WITHOUT HER CONSENT Guardians are of two types, those who may compel their female charges to marry someone, and those who may not.
(1) The only guardians who may compel their charge to marry are a virgin bride's father or father's father, compel meaning to marry her to a suitable match (def: m4) without her consent.
(2) Those who may not compel her are not entitled to marry her to someone unless she accepts and gives her permission.
Whenever the bride is a virgin, the father or father's father may marry her to someone without her permission, though it is recommended to ask her permission if she has reached puberty. A virgin's silence is considered as permission.
As for the nonvirgin of sound mind, no one may marry her to another after she has reached puberty without her express permission, no matter whether the guardian is the father, father's father, or someone else. - Fiqh Umdat m3.13 (islam)
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