Marriage Section · 26 – The Chapter of the Weary



Ibn ‘Abbas, may Allah be pleased with him, narrated that the Messenger of Allah, peace and blessings be upon him, said: “A woman who has been previously married takes precedence over her guardian in matters of marriage. As for a virgin, permission is sought from her; and her permission is her silence.” This is the wording of the hadith related by Kanaan.



In another narration: "The widow is more deserving (of marriage) than her guardian; and as for the virgin, her father has her opinion."
Abu Dawud says: The wording “her father has her opinion” is not securely transmitted in this hadith. Muslim recorded it in his authentic collection, and Nasa’i in his Sunan.


From Ibn 'Abbas, may Allah be pleased with him:
The Messenger of Allah, peace and blessings upon him, said regarding the marriage of a widow: "The guardian has no right to arrange it. The permission of the female orphan is taken; her silence is an affirmation."



Hansa bint Hizam al-Ansariyyah (may Allah be pleased with her) related:
A woman was widowed, and her father married her to someone. Hansa disliked it and came to the Messenger of Allah (peace and blessings upon him) and informed him about what her father had done. The Messenger of Allah (peace and blessings upon him) annulled the marriage.

