Permission of the baligh virgin girl
Permission of the baligh virgin girl


The book of Marriage -


Requirements for the Validity of Marriage

Section:Formation of the Contract
Topic/Issue:4001 - Permission of the baligh virgin girl --
Agreement:The jurists agreed about the stipulation of the consent and acceptance of men who had attained puberty, were free, and were in charge of their own affairs. On the question of women, whose consent is taken into account in marriage, they agreed that the consent of the deflowered baligh (major) woman is to be taken into account, because of the saying of the Prophet (Gods peace and blessings be upon him), "The deflowered woman expresses her own consent ", except what is narrated from al-Hasan al-Basri
Opinion FromOpinionExplanation
Imam Malik,Imam ShafiIt is only for the father to force her to marry. Narration of Abu Huraira. The meaning derived from it through the indication of the communication is that one having a father is different from the orphan girl. Also Imam Muslim has narrated, in the tradition of Ibn Abbas, an addition to this narration of Abu Huraira that "the virgin's permission is to be sought by the father "
Imam Abu HanifaIt is necessary to take her consent into considerationNarration of Abu Huraira in Shaheeh Muslim shows the seeking of permission from each virgin obligatory through its generality.
Evidences :1 - Sunan Abi Dawud [# 2088], 2 - Sahih Muslim [# 3303] [Hide/Show]
Tags :Worship,Marriage, Wali, Virgin, Consent
Last Updated:2011-09-17

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