Bukhari

Hadith Commentary:
From all the aforementioned hadiths, Imam Bukhari has refuted a very blatant erroneous ruling of “some people.”
As is explained in the commentary under the narrations.
The purpose of the Book of Legal Stratagems (Kitab al-Hiyal) here is to expose such trickery of the jurists, as will be evident to those who study with fairness.
Shaykh Sa‘di has said regarding such jurists:
“The jurists have made a way of argumentation;
Why should we not submit, they have cast into doubt.”
There are indeed many just and truth-loving scholars among the Hanafis who do not accept these legal stratagems; they are certainly exempt from this.
May Allah reward them with the best of rewards.

Hadith Commentary:
➊
Imam Bukhari rahimahullah has adopted various styles to explain the reprehensibility and corruption of those who resort to legal stratagems (hiyal):
The first case was regarding a virgin girl, the second about a previously married woman, and in the third case, there is confession after testimony.
Imam Bukhari rahimahullah wishes to repeatedly state the same position in all these cases: that a court's decision can be enforced outwardly, but inwardly it holds no value. Rather, such a person will be held accountable before Allah on the Day of Resurrection, because the Messenger of Allah sallallahu alayhi wa sallam said:
“Sometimes one of you is more eloquent in presenting his case than the other, so I judge in his favor based on what I hear. But if he knows that he is receiving the right of another, then he should not take it, for in that case I have only cut out for him a piece of the Fire.”
(Sahih al-Bukhari, al-Hiyal, Hadith: 6967)
➋
Despite this clear and unequivocal hadith, some people insist that a court's decision is enforced both outwardly and inwardly. These individuals say regarding this hadith that it has nothing to do with the subject of dispute, because this hadith is about wealth, not about contracts and transactions. However, this hadith is general—whether the ruler's judgment pertains to wealth or to any other right, whether that right is related to property contracts or to the contract of marriage (nikah).
The distinction between wealth and contracts may be the result of a skillful hand, but the words of the hadith do not permit such a distinction.
These individuals say that this hadith is not about false testimony, but rather about eloquence and verbosity.
➌
According to our inclination, such hair-splitting is not established from the hadith, nor is such sophistry permitted in the Shari‘ah.
And Allah knows best.

Hadith Commentary:
Permission is required even from a virgin girl, so how can a marriage be conducted by force? This is precisely what is being established here.

Hadith Commentary:
1.
In a narration from Abu Hurairah radi Allahu anhu, it is stated:
“A virgin’s marriage should not be conducted without her permission.”
The noble Companions radi Allahu anhum ajma‘in asked:
“O Messenger of Allah sallallahu alayhi wa sallam! How is her permission (to be known)?” He replied:
“She remains silent.”
(Sahih al-Bukhari, Kitab al-Nikah, Hadith 5135)
Upon this hadith, Imam Bukhari rahimahullah has established a chapter with the following words:
(Bab: The father or anyone else should not marry off a virgin or a previously married woman except with their consent)
“Neither the father nor anyone else should marry off a virgin or a previously married woman without her consent.”
(Sahih al-Bukhari, Kitab al-Nikah, Chapter 42)
2.
From this hadith, it is understood that even for the marriage of a virgin girl, permission is necessary, so how can a forced marriage be permissible? If the marriage is conducted without her permission, then it will fall under the ruling of coercion (ikrah).
In any case, marriage in a state of coercion is absolutely not permissible.
And Allah knows best.

Hadith Commentary:
(1)
The marriage of a previously married, adult woman cannot be contracted without her consent, whether the one arranging the marriage is her father or anyone else. There is consensus among all scholars on this matter. Similarly, there is also consensus that the marriage of a virgin minor can only be contracted by her father. There is a difference of opinion regarding a previously married minor and a virgin adult, but from the heading given by Imam Bukhari rahimahullah, it is understood that whether the girl is a virgin or a widow, young or old, her consent is a fundamental condition at the time of marriage. This is also what the apparent wording of the hadith demands. Furthermore, the word “consultation” is used for the widow and “permission” for the virgin. This means that the widow should verbally express her consent, because due to her previous experience, there is no shyness preventing her from speaking openly. However, a virgin, out of modesty, cannot express her opinion, so her silence will be considered as permission.

(2)
The jurists have further clarified regarding this that if, at the time of seeking permission, she smiles, this too is a sign of permission, but if she laughs as a joke, then this will not be considered consent. Whether her laughter is out of jest or happiness can be determined from the circumstances and context. If she cries at the time of permission, this is not a sign of consent. However, sometimes tears also come at moments of happiness, so there is further detail regarding tears: if the tears are warm, then it is not permission, and if the tears are cool, then this is a sign of permission, because tears of happiness are cool, whereas in grief and distress, tears are warm. And Allah knows best.

Since Islam is the religion of nature (din al-fitrah), it has fully taken into account the rights of women. Therefore, it has prohibited marrying off a woman without her consent. Islam granted these rights to women at a time when women were regarded like animals; rather, they were tied, untied, and sold just like animals.