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سنن دارمي
Darimi
من كتاب النكاحFrom the Book of Marriage
باب اسْتِئْمَارِ الْبِكْرِ وَالثَّيِّبِ:Chapter: Seeking the Consent of Virgin and Previously Married Women
Hadith 2227
اُردوEn
أَخْبَرَنَا عُبَيْدُ اللَّهِ بْنُ عَبْدِ الْمَجِيدِ، حَدَّثَنِي عُبَيْدُ اللَّهِ بْنُ عَبْدِ الرَّحْمَنِ بْنِ مَوْهَبٍ، أَخْبَرَنَا نَافِعُ بْنُ جُبَيْرِ بْنِ مُطْعِمٍ، عَنِ ابْنِ عَبَّاسٍ: أَنّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ , قَالَ: "الْأَيِّمُ أَمْلَكُ بِأَمْرِهَا مِنْ وَلِيِّهَا، وَالْبِكْرُ تُسْتَأْمَرُ فِي نَفْسِهَا، وَصَمْتُهَا إِقْرَارُهَا".
It is narrated from Sayyiduna Ibn Abbas (may Allah be pleased with them both) that the Messenger of Allah (peace and blessings be upon him) said: "A previously married woman has more right over her matter than her guardian, and a virgin girl will be asked about her marriage, and her silence is her consent."
Brief Explanation
(Commentary on Hadiths 2225 to 2227)
A woman to be married is not free from two states: either she is a virgin (bikr) or previously married (thayyib). Then, each of these has two categories: she will either be an adult (baligha) or a minor (non-adult). According to the scholars of hadith (Ahl al-Hadith), in every situation, the girl has the right of choice—she may accept or refuse. Furthermore, a minor girl’s marriage can be contracted by her father, and it is permissible to marry off a woman at a young age, but after reaching puberty (bulugh), she will have the right of option (khiyar), just as the marriage of Sayyida Aisha radi Allahu anha was contracted by Sayyiduna Abu Bakr radi Allahu anhu during her childhood.
From these hadiths, it is understood that in the view of Islamic law (Shari‘ah), a woman holds great importance, and Islam elevated the status of this woman—who previously had no standing in society—from degradation to honor, and doubled her significance. In matters of marriage, not only was she not consulted, but she was not even permitted to say anything about herself; the head of the family or guardian (wali) would marry her off to whomever they wished, according to their own will.
The Noble Prophet sallallahu alayhi wa sallam granted the woman her rightful social status and position, and commanded the guardians that consultation must be sought from a previously married woman (thayyib), and the consent of a virgin (bikr) must be obtained. The meaning of marrying off a thayyib without her consent and consultation is not that she can contract her own marriage without a guardian (wali).
In the narration of Abu Dawud, it is stated that regarding a thayyib, the guardian has no authority, meaning the guardian cannot compel a previously married woman to marry anyone.
Further details will be presented ahead.
A woman to be married is not free from two states: either she is a virgin (bikr) or previously married (thayyib). Then, each of these has two categories: she will either be an adult (baligha) or a minor (non-adult). According to the scholars of hadith (Ahl al-Hadith), in every situation, the girl has the right of choice—she may accept or refuse. Furthermore, a minor girl’s marriage can be contracted by her father, and it is permissible to marry off a woman at a young age, but after reaching puberty (bulugh), she will have the right of option (khiyar), just as the marriage of Sayyida Aisha radi Allahu anha was contracted by Sayyiduna Abu Bakr radi Allahu anhu during her childhood.
From these hadiths, it is understood that in the view of Islamic law (Shari‘ah), a woman holds great importance, and Islam elevated the status of this woman—who previously had no standing in society—from degradation to honor, and doubled her significance. In matters of marriage, not only was she not consulted, but she was not even permitted to say anything about herself; the head of the family or guardian (wali) would marry her off to whomever they wished, according to their own will.
The Noble Prophet sallallahu alayhi wa sallam granted the woman her rightful social status and position, and commanded the guardians that consultation must be sought from a previously married woman (thayyib), and the consent of a virgin (bikr) must be obtained. The meaning of marrying off a thayyib without her consent and consultation is not that she can contract her own marriage without a guardian (wali).
In the narration of Abu Dawud, it is stated that regarding a thayyib, the guardian has no authority, meaning the guardian cannot compel a previously married woman to marry anyone.
Further details will be presented ahead.
