What constitutes the consent of a mature woman (Thayyib) in marriage?
General Chapter
Al-Mughni
Book of Marriage
Primary text
There is no scholarly disagreement that the expression of consent through speech is the definitive form of permission for a mature woman, based on the Hadith, as the tongue is the expresser of what is in the heart, which is what is considered in every situation where consent is required.
Supporting text
The general opinion among scholars, including Shurayh, Al-Sha'bi, Ishaq, Al-Nakh'i, Al-Thawri, Al-Awza'i, Ibn Shubruma, and Abu Hanifa, holds that the silence (*samt*) of a virgin constitutes her consent, regardless of whether the guardian is the father or someone else. Scholars of the Shafi'i school hold two opinions regarding silence in the case of someone other than the father: one view is that silence is not consent, as silence is the absence of permission and it could indicate modesty or hesitation, not consent. This view is considered an isolated deviation contrary to clear Sunnah, which affirms that silence is consent.